Pakistan Army Act

THE PAKISTAN ARMY ACT, 1952
Last Amended on 20170331
CONTENTS
CHAPTER I.
PRELIMINARY
1 Short title and commencement.
2 Persons subject to the Act.
2 A Secondment to Navy or Air Force
2 B Secondment of other Armed Forces.
3 Special provision as to rank in certain cases.
4 Commanding officer of certain persons subject to the Act.
5 Powers to apply Act to certain forces under [Federal Government].
6 Application of Act to States forces by Order of the GovernorGeneral.
7 Power to declare persons to be on active service.
8 Definitions.
CHAPTER II.
APPOINTMENT, ENROLEMENT AND ATTESTATION.
9 Appointment to warrant rank.
9 A Administration of oath to warrant officers. [Omitted.]
10 Ineligibility of aliens for service in the Army.
11 Procedure before enrolling officer.
12 Enrolment.
13 Presumption of validity of enrolment in certain cases.
14 Persons to be attested.
15 Mode of attestation.
15 A Fresh oath to certain persons. [Omitted.]
CHAPTER III.
TERMINATION OF SERVICE
16 Dismissal or removal by Federal Government
17 Dismissal or removal by 2[Commanderinchief] or other authorised officer.
18 Retirement, release, or discharge.
19 Certificate on termination of service.
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20 Discharge or dismissal when out of Pakistan.
CHAPTER IV.
SUMMARY REDUCTION AND PUNISHMENT OTHERWISE THAN BY
SENTENCE OF COURT MARTIAL.
21 Reduction of warrant officers and non commissioned officers.
22 Reversion of an acting non commissioned officer.
23 Minor punishments.
CHAPTER V.
OFFENCES
24 Offences in relation to enemy and punishable with death.
25 Offences in relation to the enemy and not punishable with death.
26 Disclosure of parole or watchword.
27 Offences against property or persons of inhabitant of country where serving.
28 Offences relating to sentries.
29 House breaking, false alarms, unauthorised disclosures, punishable more severely
on active service than at other times.
30 Other service offences.
31 Mutiny and insubordination.
32 Offences in relation to superior officers.
33 Disobedience of lawful command.
34 Neglect to obey orders.
35 Insubordination and obstruction.
36 Desertion and aiding deserters.
37 Absence without leave.
38 Fraudulent enrolment.
39 False answers on enrolment.
40 Fraudulent offence in respect of property.
41 Certain forms of disgraceful conduct.
42 Illegal gratification.
43 Intoxication.
44 Offences in relation to persons in custody.
45 Loss of arms, etc., and destruction of property.
46 False accusation.
47 False documents.
48 Signing in blank and failure to report.
49 Offences in relation to courts martial.
50 False statement before court martial.
51 Irregular confinement.
52 Unbecoming behaviour.
53 Striking or ill treating person subject to the Act.
54 Unlawful detention of pay.
55 Violation of good order and discipline.
56 Offences relating to aircraft.
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57 Attempt.
58 Abetment.
59 Civil offences.
CHAPTER VI.
PUNISHMENT
60 Punishments.
61 Field punishment.
62 Special provisions regarding sentences.
63 Retention in the ranks of person convicted on active service
CHAPTER VII.
PENAL DEDUCTIONS
64 Authorised deductions only to be made from pay.
65 Deductions from pay and allowances.
66 Pay and allowances during trial.
67 Deduction from public money due, other than pay.
68 Power to withhold pay and allowances pending enquiry into conduct as prisoner of
war.
69 Remission of deductions.
70 Provision for dependants of prisoner of war from remitted deductions.
71 General power to make provision for dependants.
72 Period during which a person is deemed to be a prisoner of war.
CHAPTER VIII.
ARREST AND PROCEEDINGS BEFORE TRIAL
73 Custody of offenders.
74 Duty of commanding officer in regard to person in custody.
75 Interval between committal and court martial.
76 Arrest by civil authorities.
77 Capture of deserters.
78 Inquiry into absence of person subject to Act.
78 A Inquiry into any other matters.
Provost Marshals
79 Appointment, duties and powers of provost marshals.
CHAPTER IX.
COURTS MARTIAL
Constitution, Jurisdiction and Powers of Courts Martial
80 Kinds of courts martial.
81 Power to convene general courts martial.
82 Power to convene district courts martial.
83 Limitation of powers of convening authorities.
84 Power to convene field general Court martial.
85 Composition of general Court martial.
86 Composition of district Court martial.
87 Composition of field general Court martial.
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88 Summary courts martial.
89 Dissolution of Courts martial.
90 Prohibition of second trial.
91 Period of limitation for trial.
92 Liability of offender who cease to be subject to the Act.
93 Place of trial.
94 Order in case of concurrent jurisdiction of court martial and criminal court.
95 Power of criminal court to require delivery of offender.
96 Trial by court martial, bar to subsequent trial by criminal court.
96 A Definition of court martial.
97 Powers of general and field general court martial.
98 Power of district court martial.
99 Offences triable by summary Court martial.
100 Persons triable by summary Court martial
101 Sentence awardable by summary Court martial
102 President.
102 A Religion of confirming officer, president, judge advocate and members of general,
district or field general court martial.
103 Judge advocate.
104 Challenges.
105 Voting of members.
106 Oaths of president and members.
107 Oaths of judge advocate and others.
108 Oaths of witnesses.
108 A Affirmation not allowed in the case of muslim.
109 Summoning witnesses and production of documents.
110 Commissions for the examination of witness.
111 Conviction of one offence permissible on charge of another.
112 Rules of evidence to be the same as in criminal court.
113 Judicial notice.
114 Presumption as to signatures.
115 Enrolment paper.
116 Presumption as to certain documents.
117 Reference by accused to Government officer.
118 Evidence of previous convictions and general character.
CHAPTER X.
CONFIRMATION AND REVISION OF FINDING AND SENTENCES
119 Finding and sentence not valid unless confirmed.
120 Power to confirm finding and sentence of general Court martial.
121 Power to confirm finding and sentence of district Court martial.
122 Limitation of powers of confirming authority.
123 Power to confirm finding and sentence of field general court martial.
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124 Power of confirming authority to mitigate, remit or commute sentences.
125 Confirmation of finding and sentence on board a ship.
126 Revision of finding and sentence.
127 Finding and sentence of a summary court martial.
128 Transmission of proceedings of a summary court martial.
129 Substitution of a valid finding or sentence for an invalid finding or sentence.
130 Provision in the case of accused being lunatic.
131 Remedy against finding and sentence of Court martial.
132 Annulment of proceedings.
133 Bar of appeals.
133 A Court of appeals 4[for hadd cases].
CHAPTER XI.
EXECUTION OF SENTENCES
134 Form of sentence of stoning to death or death.
135 Commencement of sentence of imprisonment or imprisonment or detention.
136 Execution of sentence of transportation or rigorous imprisonment.
137 Execution of sentence of imprisonment in special cases.
138 Execution of sentence of detention.
139 Interim custody of offenders sentenced to transportation.
140 Conveyance of prisoner from place to place.
141 Communication of certain orders to civil prison officers.
142 Execution of sentence of fine.
CHAPTER XII.
PARDONS, REMISSION AND SUSPENSION
143 Pardons and remissions.
144 Suspension of sentence of transportation, rigorous imprisonment or detention.
145 Orders pending suspension.
146 Release on suspension.
147 Computation of period of sentence under suspension.
148 Power to set aside suspension or to order remission.
149 Periodical review of suspended sentence.
150 Procedure on further sentence of offender whose sentence is suspended.
151 Scope of power of suspension.
152 Effect of suspension on dismissal.
CHAPTER XIII.
PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS
153 Property of deceased persons and deserters, other than officers.
154 Disposal of certain property without production of probate, etc.
155 Discharge of commanding officer, prescribed person and the government.
156 Application of sections 153 to 155 to lunatics, etc.
157 Property of officers.
158 Powers of committee of Adjustment.
159 Disposal of surplus by the prescribed person.
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160 Disposal of certain property without production of probate, etc.
161 Discharge of committee, prescribed person, and the Government.
162 Property in the hands of the committee or the prescribed person not to be assets at
the place where the committee or the prescribed person is stationed.
163 Saving of rights of representative.
164 Applications of sections 158 to 163 to lunatics, etc.
165 Appointment of standing committee of adjustment when officers die or desert
while on active service.
166 Interpretations.
CHAPTER XIV.
MISCELLANEOUS PRIVILEGES
167 Complaint against officers.
168 Complaint by officers.
169 Privileges of person attending courts martial.
170 Exemption from arrest for debt.
171 Property exempted from attachment.
172 Application of the last two foregoing sections to reservists.
173 Priority of hearing by courts of cases in which persons subject to this act are
concerned.
174 Order for custody and disposal of property pending trial in certain cases.
175 Order for disposal of property regarding which offence committed.
CHAPTER XV.
RULES
176 Powers to make rules.
176 A Power to make regulations.
176 B Reference to CommanderinChief in other Laws.
176 C Delegation of powers of the Chief of the Army Staff.
176 D Validation.
177 [Omitted.]
CHAPTER XVI and the Schedule
[Omitted.]
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THE PAKISTAN ARMY ACT, 1952
1ACT No. XXXIX OF 1952
[13th May, 1952]
An Act to consolidate and amend the law relating to the Pakistan Army.
WHEREAS it is expedient to consolidate and amend the law relating to the Pakistan Army; It is
hereby enacted as follows:____
CHAPTER I.__ PRELIMINARY
1. Short title and commencement.___(1) This Act may be called the Pakistan Army Act, 1952.
(2) It shall come into force on such date2 as the 3[Federal Government] may, by notification in
the Official Gazette, appoint in this behalf.
1 For Statement of Object and Reasons, see Gaz. of P., 1951 Pt. V, dated the 23rd November 1951, P. 71; and for Report of Select Committee, see ibid. 1952. Ext., pp. 347400.
The Act has been extended to Khairpur State, by the Khairpur (Federal Laws) Extension) Order, 1953 (G.G.O. 5 of 1953).
It has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended.
The Act has been and shall be deemed always to have been applied to Baluchistan and the Federated Areas of Baluchistan with effect from the 1st April, 1955, see Gaz. of P., 1955, see
Gaz. of P., 1955. Pt. I p. 204.
The Act has been extended to the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960). s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
The Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance,
1960 (37 of 1960), s. 2.
The Act, rules, notifins, and orders made under it, have been applied to the Trible Areas or to the parts of those areas to which they have not been already applied, see the Tribal Areas
(Application of Acts) Reg. 1965. Gaz. of P. 1965., Ext., pp 10161018.
The Provisions of this Act and rules made thereunder have been applied in their application to noncommissioned officer and men of the Pakistan Mujahid Force. When embodied for
or otherwise undergoing training with certain modification specified in Sch. II to rule 12 of the Pakistan Mujahid Force Rules, 1965, see Gaz. of P., 1965, Ext., pp. 11051107.
2 The 1st day of April, 1955, see Gaz. of P., 1955, Ext. p. 389.
3 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3. for “Central Government”.
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2. Persons subject to the Act.___(1) The following persons shall be subject to this Act, namely
:___
(a) officers, junior commissioned officers and warrant officers of the Pakistan Army ;
1[(b) persons enrolled under The Indian Army Act, 1911 (VIII of 1911), before the date
notified in pursuance of subsection (2) of section 1, and serving with the Pakistan Army
immediately before that date, and persons enrolled under this Act;]
2[(bb) persons subject to the 3[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], or the
Pakistan Air Force Act, 1953 (VI of 1953), when seconded for service with the Pakistan
Army, to such extent and subject to such regulations as the 4[Federal Government] may
direct;]
(c) persons not otherwise subject to this Act, who, on active service, in camp, on the march,
or at any frontier post specified by the 4[Federal Government] by notification in this
behalf, are employed by, or are in the service of or are followers of, or accompany any
portion of the Pakistan Army 5[;]
5[(d) persons not otherwise subject to this Act who are accused of__
(i) seducing or attempting to seduce any person subject to this Act from his duty or
allegiance to Government, or
1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 2, for the original clause (b) (with effect from the 1st April, 1952).
2 Clause (bb) ins. by ibid.,
3 Subs. by the Repealing and Amending Ordinance, 1965 (10 of 1965), s. 3 and 2nd Sch., for “Pakistan Navy (Discipline) Act, 1934 (XXXIV of 1934)”.
4 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
5 Subs. and added by the Defence Services Laws Amendment Ordinance, 1967 (3 of 1967), s. 2.
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(ii) having committed, in relation to any work of defence, arsenal, naval, military or air
force establishment or station, ship or aircraft or otherwise in relation to the naval,
military or air force affairs of Pakistan, an offence under the Official Secrets Act,
1923 1[,]
2[(iii) claiming or are known to belong to any terrorist group or organization misusing the
name of religion or a sect; and
(a) Raise arms or wage war against Pakistan, or attack the Armed Forces of
Pakistan, law enforcement agencies, or attack any civil or military installations in
Pakistan; or
(b) abduct any person for ransom, or cause death of any person or injury; or
(c) possess, store, fabricate or transport or use explosives, firearms, instruments,
articles, suicide jackets; or
(d) use or design vehicles for terrorist acts; or
(e) provide or receive funding from any foreign or local source for the illegal
activities under this subclause; or
(f) act to overawe the state or any section of the public or sect or religious minority;
or
(g) create terror or insecurity in Pakistan or attempt to commit any of the said acts
within or outside Pakistan,
Shall be punished under this Act; and
(iv) claiming or are known to belong to any terrorist group or organization misusing the
name of religion or a sect and raise arms or wage war against Pakistan, commit an
offence as specified in clauses (b), (c), (d), (h), (j), (l), (m), (n) or (o) of subsection
(2) of section 6 of the AntiTerrorism Act, 1997 (XXVII of 1997):
Provided that___
(a) any person who is alleged to have abetted, aided or conspired in the commission
of any offence falling under subclause (iii) or subclause (iv) shall be tried under
this Act wherever he may have committed that offence;
(b) no person accused of an offence falling under subclause (iii) or subclause (iv)
shall be prosecuted without the prior sanction of the Federal Government;
(c) any person arrested, taken into custody or detained under this Act, after transfer
of his custody to the military unit he is attached with for trial, shall be produced
before the standing military court specially empowered by the convening
authority for this purpose or Commanding Officer as provided for in this Act;
1 Subs. added and Ins. by the Pakistan Army (Admt.) Act, 1975 (73 of 1975), s. 2.
2 Added by Act No. XI of 2017, s.2.
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(d) the accused so attached will be provided grounds of arrest within twentyfour hours of
arrest as provided for in this Act;
(e) the accused shall have the right to engage a counsel or his choice at his trial as provided
for in this Act. In case the accused is unable to engage a counsel due to any reason, the
convening authority at its discretion, may provide a counsel, on request of the accused, at
state expense;
(f) provisions of the QanuneShahadat, 1984 (President's Order C of 1984) shall apply at the
trial as provided for in this Act and clause (2) of Article 1 of the QanuneShahadat, 1984
(President's Order X of 1984);
(g) notwithstanding anything contained in this Act or any other law for the time being in
force, any person arrested, detained or held in custody by the armed forces, civil armed
forces or law enforcement agencies and kept under arrest, custody or detention before the
coming into force of the Pakistan Army (Amendment Act, 2017 (XI of 2017) shall be
deemed to have been arrested or detained pursuant to the provisions of this Act subject to
the amendments made through the Pakistan Army (Amendment) Act, 2015 (Act II of
2015) and the Pakistan Army (Amendment) Act, 2015 (Act XIX of 2015), if the offence
in respect of which such arrest or detention was made also constitutes an offence referred
to in subclause (iii) or subclause (iv); and
(h) no suit, prosecution or other legal proceedings shall lie against any person in respect of
anything which is in good faith done or intended to be done under subclause (iii) or sub
clause (iv)
Explanation.___ In this clause, the expression "sect" means a sect of religion and does not include any
religious or political party requlated under the Political Parties Order, 2002.]
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(2) Every person subject to this Act under clause (a) or clause (b) 1[or clause (e)]of subsection
(1) shall remain so subject until duly retired, released, dis charged, removed or dismissed from the
service.
2[(3) Every person subject to this Act under clause (bb) of subsection (1) shall remain so subject
during the period of his secondment to the Pakistan Army.]
3[(4) The Federal Government shall have the power to transfer any proceedings in respect of any
person who is accused of any offence falling under subclause (iii) or subclause (iv) of clause (d) of
subsection (1), pending in any court for a trial under this Act.
(5) Any proceedings transferred under subsection (4) shall be deemed to have been instituted
under this Act.
(6) Where a case is transferred under subsection (4) it shall not be necessary to recall any
witness or again record any evidence that may have been recorded.]
4[2A. Secondment to Navy or Air Force. The 5[Federal Government] may by order in writing
direct that any person 6* * * 7[referred to in clause (a), clause (b) or clause (e)] of subsection (1) of
section 2 shall, under such conditions as may be laid down by regulations, be seconded for service
with the Pakistan Navy or the Pakistan Air Force.]
8[2B. Secondment to other armed forces.__ The Federal Government may by order
1 Subs. added and Ins. by the Pakistan Army (Amdt.) Act, 1975 (73 of 1975), s. 2.
2 New subsection (3) added by the Pakistan Army (amdt.) Act, 1958 (11 of 1958) s. 2 (with effect from the 1st April, 1952).
4 Ins. ibid., s. 3.
5 Subs. by the Army (Amdt.) Act, 1973 (51 of 1973), s. 3, for “Central Government”.
6 The words “belonging to the Army Medical Corps and” omitted by the Pakistan Army (Amdt.) Ordinance, 1959 (61 of 1959), s. 2 (with effect from the 1st April, 1955).
7 Subs. by the Defence Service laws (Amdt.) Ordinance, 1967 (3 of 1967),s.2 for “subject to this Act otherwise the under clause (abb)”.
8 Ins. by Act 73 of 1975, s. 3.
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(d) the accused so attached will be provided grounds of arrest within twentyfour
hours of arrest as provided for in this Act;
(e) the accused shall have the right to engage a counsel of his choice at his trial as
provided for in this Act. In case the accused is unable to engage a counsel due to
any reason, the convening authority at its discretion, may provide a counsel, on
request of the accused, at state expense;
(f) provisions of the QanuneShahadat, 1984 (President’s order X of 1984) shall
apply at the trial as provided for in this Act and clause (2) of Article 1 of the
QanuneShahadat, 1984 (President’s Order X of 1984);
(g) notwithstanding anything contained in this Act or any other law for the time bing
in force, any person arrested , detained or held in custody by the armed forces,
civil armed forces or law enforcement agencies and kept under arrest, custody
or detention before the coming into force of the Pakistan Army (Amendment)
Act, 2017 (XI of 2017) shall be deemed to have been arrested or detained
pursuant to the provisions of this Act subject to the amendments made through
the Pakistan Army (Amendment) Act, 2015 (Act II of 2015), if the offence in
respect of which such arrest or detention was made also constitutes an offence
referred to in subclause (iii) or subclause (iv); and
(h) no suit, prosecution or other legal proceedings shall lie against any person in
respect of anything which is in good faith done or intended to be done under
subclause (iii) or subclause (iv) .
Explanation.__ In this clause, the expression “sect” means a sect of religion and does not include
any religious or political party regulated under the Political Parties Order, 2002.”; and]
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in writing direct that any person referred to in clause (a) of subsection (1) of section 2, other than a
junior commissioned officer or warrant officer, shall, under such conditions as may be laid down by
regulations, be seconded for service with any other armed forces raised or maintained by the Federal
Government, including civil armed forces.]
1["2C.
Protection to Witnesses, President, Members of the Court, Defending Officers,
Prosecutors and Persons concerned with court proceedings.__ The convening authority or the
court constituted under this Act may, make such orders to take such measures, like sitting in camera,
not publishing the names of court officials etc, as it deems fit, within available resources, for the
protection of witnesses, President, Members, Prosecutors, defending officers and other persons
concerned in court proceedings for an offence under this Act, as may be prescribed.]
3. Special provision as to rank in certain cases.___(1) The 2[Federal Government] may, by
notification, direct that any person or class of persons subject to this Act under clause (c) 3[or clause
(d)] of subsection (1) of section 2 shall be so subject as officers, junior commissioned officers,
warrant officers or non‑commissioned officers, and may authorise any officer to give a like direction
with respect to any such person or to cancel such direction.
(2) All persons subject to this Act other than officers, junior com missioned officers, warrant
officers or non‑commissioned officers shall, if they are not persons in respect whom a notification or
direction under subsection (1) is in force, be deemed to be of a rank inferior to that of a
non‑commissioned officer.
4. Commanding officer of certain persons subject to the Act. Every person subject to the Act
under clause (c) of subsection (1) of section 2 shall, for the purposes of this Act, be deemed to be
under the command of the commanding officer of the corps, unit or detachment (if any) to which he
is attached, and if he is not so attached, then he shall be under the command of any officer who may
for the time being be named as his commanding officer by the officer commanding the force with
which such person may for the time being be serving, or if no such officer is named, under the
command of the said officer commanding the force:
Provided that an officer commanding a force shall not place a person under the command of an
officer of rank inferior to that of such persons, if there
1 Ins. by Act XIX at 2015, s. 2.
3 Ins. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 2.
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is present at the place where such person is any officer of a higher rank under whose command he
can be placed.
5. Powers to apply Act to certain forces under the 1[Federal] Govern ment.___(1) The
1[Federal Government] may, by notification, apply all or any provisions of this Act to any force
raised and maintained in Pakistan under the authority of the 1[Federal Government 2[or a Provincial

Government]].
(2) On such notification being made any provisions of this Act so applied shall have effect in
respect of persons belonging to any such force as they have effect in respect of person subject to this
Act holding in the Pakistan Army the same rank as or equivalent to that which the afore said persons
hold for the time being in the said force ; and shall have effect in respect of persons who are
employed by, or are in the service of, or are followers of, or accompany any portion of any such force
as they have effect in respect of persons subject to this Act under clause (c) of subsection (1) of
section 2.
(3) While any of the provisions of this Act apply to any such force, the 1[Federal Government]
may, by notification, direct by what authority any jurisdiction, powers or duties incident to the
operation of these pro visions shall be exercised or performed in respect of that force, and may
suspend the operation of any other enactment for the time being applic able to that force.
6. Application of Act to States forces by Order of the President. The 3[President] may by
order apply all or any provi sions of this Act to any Land Forces of an Acceding State.
7. Power to declare persons to be on active service. Notwithstanding anything contained in
clause (1) of section 8, the 1[Federal Government] may, by notification, direct that any person or
class
2 Added by the Pakistan Army (Amdt.) Ordinance, 1971 (13 of 1971), s. 2.
3 Subs. by A.O., 1961, Art. 2 and Sch., for “GovernorGeneral” (with effect from the 23rd March, 1956).
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of persons subject to this Act shall, with reference to any area in which they may be serving or with
reference to all or any of the provisions of this Act or of any other law for the time being in force, be
deemed to be on active service within the meaning of this Act.
8. Definitions. In this Act, unless the context otherwise requires,____
(1) “active service”, as applied to a person subject to this Act, means the time during which
such person is attached to, or forms part of a force which is engaged in operation against
an enemy, or is engaged in military operations in, or is on the line of march to, a country
or place wholly or partly occupied by an enemy, or is attached to or forms part of a force
which is in military occupation of a foreign country ;
1[(2) “Chief of the Army Staff” means the officer commanding the Pakistan Army ;
(3) “Civil offence” means an offence which, if committed in Pakistan, would be triable by a
criminal court.]
(4) “Commanding Officer” means:___
(i) when used in any provision of this Act with reference to any separate portion of the
Pakistan Army, the officer whose duty it is under the regulations of the Pakistan
Army, or in the absence of such regula tions by the custom of the service, to
discharge with respect to that portion, the functions of the commanding officer, 2*
(ii) when used in relation to a person subject to this Act, the officer for the time being in
command of any separate portion of the Pakistan Army
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3. for subsection (2) and (3).
2 Omitted by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 2.
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1[or of any unit of a force] to which such person belongs or is attached 2[; and]
3[(iii) when used in relation to a person subject to this Act under clause (d) of sub
section (1) of section 2, any staff officer of General Headquarters or a formation
Headquarters or an officer, not below the rank of field officer, within whose
jurisdiction the offence is alleged to have been committed or the person who is
alleged to have committed it resides or is found.]
(5) “corps” means any separate body of the Pakistan Army 1[or of any force] which is
prescribed as a corps for the purposes of all or any of the provisions of this Act ;
(6) “Court martial” means a Court martial held under this Act ;
(7) “Criminal Court” means a court of ordinary criminal justice in Pakistan, or established
elsewhere by the authority of the 4[Federal Government] ;
(8) “enemy” includes all armed mutineers, armed rebels, armed rioters, pirates and any
person in arms against whom it is the duty of any person subject to this Act to act ;
5[(8a) “Islamic law” means a law relating to the enforcement of Hudood;]
(9) “junior commissioned officer” means a person commissioned, gazetted or in pay as a
junior commissioned officer in the Pakistan army ;
1 Ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 2.
2 Subs. by the Pakistan Army (Amdt.) Act 1973 (51 of 1973), s. 2, for semi colon.
3 Added ibid., s. 2.
4 Subs. ibid., s. 3, for “Central Government”.
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1[(9a) “military custody” means the arrest or confinement of a person according to the usage
of the service and includes naval or air force custody ;
(9b) “military reward” includes any gratuity or annuity for long service or good conduct, any
good service pay or pension, and any other military pecuniary award ;]
(10) “non‑commissioned officer” means a persons attested under this Act who holds a
non‑commissioned rank in the Pakistan Army 2[and includes an active noncommissioned
officer];
(1l) “offence” means any act or omission punishable under this Act and includes a civil
offence as hereinbefore defined ;
3[(12) “officer” means a person, other than a junior commissioned officer, commissioned,
gazetted or in pay as an officer of the Pakistan Army and includes, in relation to a person
subject to this Act when serving under such conditions as may be prescribed, an officer of
the Pakistan Navy and an officer of the Pakistan Air Force,].
(l3) “prescribed” means prescribed by rules made under this Act ;
(14) “service” when used in relation to an institution, necessaries, books, band, mess, money,
goods or other property means an institution, necessaries, books, band, mess, money,
goods or other property belonging to, or connected with, the Pakistan Army or any unit or
part thereof ;
1 New clauses (9a) and (9b) ins. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 4.
2 Added, ibid.
3 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 3 which was previously subs. by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 2, for the original clause (12), to read
as above.
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(15) “superior officer”. when used in relation to a person subject to this Act, 1[includes a
junior commissioned officer, a warrant officer] or a non‑commissioned officer ; and, as
regards persons placed under his orders, an officer, warrant officer, petty officer or
non‑commissioned officer of the Pakistan Navy or Air Force;
(16) “warrant officer” means a person appointed, gazetted or in pay as a warrant officer of
the Pakistan Army 2[;]
3[(17) All words and expressions used but not defined in this Act and defined in the Pakistan
Penal Code (XLV of 1860) 4[or in any Islamic Law] shall be deemed to have the
meanings assigned to them in that Code 4[or, as the case may be, that law].
_______
CHAPTER II.___ APPOINTMENT, ENROLEMENT AND ATTESTATION
9. Appointment to warrant rank. The 5[President] may appoint any person as warrant officer.
9.A. [Administration of oath to warrant officers. (Omitted by the Pakistan Army (Amdt.)Act,
1976 (51 of 1976), s. 4].
10. Ineligibility of aliens for service in the Army. No person who is not a citizen of Pakistan
shall, except with the consent of the 6[Federal Government] signified in writing, be granted a
commission or warrant or be enrolled in the Pakistan Army.
1 Subs. by the Pakistan Army (Amdt.) Act, 1958. (11 of 1958). s. 4. for “includes a warrant officer”.
2 Subs. ibid, for fullstop.
3 New clause (17) added ibid.
4 Ins. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 2.
5 Subs. by A.O., 1961, Art. 2, for “GovernorGeneral” (with effect from the 23rd March, 1956).
6 Subs. by the Pakistan Army (Amdt.), Act, 1973 (51 of 1973). s. 3, for “Central Government”.
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11. Procedure before enrolling officer. Upon the appearance before the prescribed enrolling
officer of any person desirous of being enrolled, the enrolling officer shall read and explain to him, or
.cause to be read and explained to him in his presence, the conditions of the service for which he is
enrolled and shall put to him the questions set forth in the prescribed form of enrolment and shall,
after having cautioned him that if he makes a false answer to any such question he will be liable to
punishment under this Act, record or cause to be recorded his answer to each such question.
12. Enrolment. If after complying with the provisions of section 11, the enrolling officer is
satisfied that the person desirous of being enrolled understands the questions put to him and consents
to the conditions of service, and if the enrolling officer perceives no impediment, he shall sign and
also cause such person to sign the enrolment paper and the person shall thereupon be deemed to be
enrolled.
13. Presumption of validity of enrolment in certain cases. Every person who has for the space
of three months been in receipt of military pay as a person enrolled under this Act and been borne on
the rolls of any corps or unit of the Pakistan Army shall be deemed to have been duly enrolled and
shall not be entitled to claim his discharge on the ground of any irregularity or illegality in his
enrolment or on any other ground whatsoever, and if any person, in receipt of such pay and borne on
the rolls as aforesaid claim his discharge before the expiry of three months from his enrolment, no
such irregularity or illegality or other ground shall, until he is discharged in pursuance of his claim,
affect his position as a person enrolled under this Act or invalidate any proceedings, act or thing taken
or done prior to his discharge.
14. Persons to be attested. The following persons shall be attested, namely:___
(a) all persons enrolled as combatants;
(b) all persons selected to hold a non‑commissioned or acting non commissioned rank;
Page 19 of 105
(c) all other enrolled persons prescribed by the 1[Federal Govern ment].
15. Mode of attestation.___(1) When a person who is to be attested is reported fit for duty, or has
completed the prescribed period of probation, an oath or affirmation shall be administered to him in
the prescribed form by his commanding officer, in front of his corps or unit or such portion thereof as
may be present, or by any other prescribed person 2[:]
2[Provided that, if the person to be attested is a Muslim, this section shall have effect as if
reference therein to affirmation were omitted.];
3[(2) The form of oath or affirmation prescribed under this section shall contain a promise that the
person to be attested will bear true faith and allegiance to Pakistan and uphold the Constitution of the
Islamic Republic of Pakistan which embodies the will of the people, that he will not engage himself in
any political activities whatsoever and that he will honestly and faithfully serve Pakistan in the
Pakistan Army as required by or under the law, and that he will obey all commands of any officer set
over him, even to the peril of his life.]
(3) The fact that an enrolled person has taken the oath or affirma tion directed by this section shall
be entered on his enrolment paper, and authenticated by the signature of the officer administering the
oath or affirmation.
15A.___[Fresh oath to certain persons]. [Omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of
1976), s. 6].
______
1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3 for “Central Government”.
2 Subs. and added by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 5.
3 Subs. F.A.O. 1975, Art. 2, and Sch, for subsection 2 and 3.
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CHAPTER III.___TERMINATION OF SERVICE
16. Dismissal or removal by Federal Government. The 1[Federal Government] may dismiss or
remove from the service any person subject to this Act.
17. Dismissal or removal by 2[Chief of the Army Staff] or other authorised officer.___(1) The
2[Chief of the Army Staff] may dismiss or remove from the service any junior commissioned officer,
or warrant officer, or any per son enrolled under this Act.
(2) An officer having power 3[to convene a district court martial or an officer not below the rank
of lieutenantcolonel] empowered by the 2[Chief of the Army Staff] in this behalf may dismiss or
remove from the service any person enrolled under this Act who may be serving under his command.
18. Retirement, release, or discharge. The prescribed authority may, in conformity with such
rules as may be prescribed in this behalf, retire, release or discharge from the service any person
subject to this Act.
19. Certificate on termination of service. Every junior commissioned officer, warrant officer, or
person enrolled under this Act, who is dis missed, removed, retired, released or discharged from the
service shall be furnished by his commanding officer with a certificate in the English language or such
other language as he understands, setting forth,____
(a) the authority who terminates his service;
(b) the cause for such termination;
(c) the full period of his service in the Pakistan Army.
20. Discharge or dismissal when out of Pakistan.____(1) Any person subject to this Act, who is
entitled under the conditions of his service to be
2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “CommandinChief”.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), section 3, for “not less than that of a brigade commander or any officer not below the rank of brigadier”.
Page 21 of 105
discharged, or whose discharge is ordered by competent authority, and who, when he is so entitled or
ordered to be discharged, is serving out of Pakistan, and requests to be sent to Pakistan, shall, before
being discharged, be sent to Pakistan with all convenient speed.
(2) Any person subject to this Act who is dismissed from the service and who, when he is so
dismissed is serving out of Pakistan shall be sent to Pakistan with all convenient speed.
(3) When any such person as is mentioned in subsection (2) is sentenced to dismissal combined
with any other punishment, such other punishment, or in the case of a sentence of 1[Imprisonment for
life or for a shorter term] a portion of such sentence, may be inflicted before he is sent to Pakistan.
Explanation.____For the purposes of this section, the word “discharge” shall include retirement or
release, and the word “dismissal” shall include removal.
_______
CHAPTER IV.___ SUMMARY REDUCTION AND PUNISHMENT OTHERWISE THAN BY
SENTENCE OF COURT MARTIAL.
21. Reduction of warrant officers and non‑ commissioned officers. ___(1) The 2[Chief of the
Army Staff] may reduce to a lower grade or class any warrant officer.
(2) The 2[Chief of the Army Staff] or 3[an officer having power to convene a district court martial
or an officer not below the rank of lieutenantcolonel empowered by the 2[Chief of the Army Staff] in
this behalf] may reduce to a lower grade or rank or to
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 7, for “transportation of imprisonment”.
2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “CommanderinChief”.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 4, for original words.
Page 22 of 105
the ranks any noncommissioned officer who may be serving under his command.
22. Reversion of an acting non‑ commissioned officer. The command ing officer of an acting
non‑commissioned officer may order him to revert to his permanent grade as a non‑commissioned
officer or, if he has no permanent grade above the ranks, to the ranks.
23. Minor punishments.____(l) The 1[Federal Government] may, on the recommendation of the
2[Chief of the Army Staff] prescribe the minor punishments to which persons subject to this Act shall
be liable without the intervention of court martial, and the officer by whom, and the extent to which,
such minor punishments may be awarded.
(2) Detention, or rigorous imprisonment in military custody, and, in the case of persons subject to
this Act on active service, any prescri bed field punishment may be specified as minor punishments;
Provided that___
(a) the term of such detention, rigorous imprisonment or field punishment shall not exceed
twenty‑eight days, and
(b) such detention, rigorous imprisonment or field punishment shall not be awarded to any
person who is of or above the rank of noncommissioned officer, or who, when he
committed the offence in respect of which it is awarded, was of or above such rank.
___
2 Subs. by the F.A.O., 1975 Art, 2 and Sch., for “CommanderinChief”.
Page 23 of 105
CHAPTER V.___OFFENCES
24. Offences in relation to enemy and punishable with death. Any person subject to this Act
who commits any of the following offences, that is to say,___
(a) shamefully abandons or delivers up any garrison, fortress, air field, place, post or guard
committed to his charge or which it is his duty to defend, or uses any means to compel or
induce any commanding officer or other person to do any of the said acts ; or
(b) in the presence of any enemy, shamefully casts away his arms, ammunition, tools or
equipment, or misbehaves in such manner as to show cowardice ; or
(c) intentionally uses words or any other means to compel or induce any person subject to this
Act, 1* * * 2[or to the Pakistan Air Force Act, 1953 (VI of 1953),] or to
the 3[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], to abstain from acting against
the enemy or to discourage such person from acting against the enemy ; or
(d) directly or indirectly, treacherously holds correspondence with, or communicates
intelligence to, the enemy or who coming to the know ledge of such correspondence or
communication treacherously omits to discover it to his commanding or other superior
officer ; or
(e) directly or indirectly assists or relieves the enemy with arms, ammunition, equipment,
supplies or money, or knowingly harbours or protects an enemy not being a prisoner ; or
1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and Sch. 2.
2 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “Pakistan Navy (Discipline) Act, 1934”.
Page 24 of 105
(f) treacherously or through cowardice sends a flag of truce to the enemy ; or
(g) in time of war, or during any operation, intentionally occasions a false alarm in action,
camp, garrison or quarters or spreads reports Calculated to create alarm or despondency ;
or
(h) in time of action, leaves his commanding officer, or quits his post, guard, picquet patrol or
party without being regularly relieved or without leave ; or
(i) having been made a prisoner of war, voluntarily serves with or aids the enemy ; or
(j) knowingly does when on active service any act calculated to imperil the success of the
Pakistan forces or any forces co‑operating therewith or of any part of such forces ;
shall on conviction by Court martial, be punished with ‘death or with such less punishment as is in
this Act mentioned.
25. Offences in relation to the enemy and not punishable with death. Any person subject to
this Act who, on active service,____
(a) without orders from his superior officer leaves ranks in order to secure prisoners, animals
or materials, or on pretence of taking wounded men to the rear ; or
(b) without orders from his superior officer, wilfully destroys or damages any property ; or
(c) is taken prisoner for want of due precaution or through disobedi ence of orders or wilful
neglect of duty, or, having been taken prisoner, fails to rejoin his service when able to do
so ; or
(d) without due authority, either holds correspondence with, or communicates intelligence, or
sends a flag of truce, to the enemy ; or
Page 25 of 105
(e) by word of mouth, or in writing, or by signals, or otherwise spreads reports calculated to
create alarm or despondency ; or
(f) in action, or previously to going into action, uses words calcula ted to create alarm or
despondency ;
shall, on conviction by Court martial, be punished with rigorous imprison ment for a term which may
extend to fourteen years, or with such less punishment as is in this Act mentioned.
26. Disclosure of parole or watchword. Any person subject to this Act who___
(a) treacherously makes known the parole, watchword or counter sign to any person not
entitled to receive it, or
(b) treacherously gives a parole, watchword or countersign different from what he received,
shall, on conviction by Court martial,
if he commits the offence on active service, be punished with death, or with such less punishment
as is in this Act mentioned, and
1[if he commits such offence not on active service], be punished with rigorous imprisonment for a
term which may extend to five years, or with such less punishment as is in this Act mentioned.
27. Offences against property or persons of inhabitant of country where serving. Any person
subject to this Act who, on active service, commits any offence against the property or person of any
inhabitant of, or resident in, the country in which he is serving shall, on conviction by Court martial,
be punished with rigorous imprisonment for a term which may extend to fourteen years, or with such
less punishment as is in this Act mentioned.
1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 5, for “if he commits such offence on active service”.
Page 26 of 105
28. Offences relating to sentries. Any person subject to this Act who commits any of the
following offences, that is to say,___
(a) being a sentry, sleeps or is intoxicated on his post or quits it without leave ; or
(b) being a sentry, or on guard, plunders, or wilfully destroys, or injures, any property placed
under his charge or under charge of his guard ; or
(c) strickes, or force or attempts to force any sentry or safeguard; or
(d) without orders from his superior officer, leaves his guard, picquet, patrol or post ;
shall, on conviction by court martial,
if he commits such offence on active service, be punished with rigorous imprisonment which may
extend to fourteen years or with such less punishment as is in this Act mentioned; and
if he commits such offence not on active service, be punished with rigorous imprisonment for a
term which may extend to five years or with such less punishment as is in this Act mentioned.
29. House breaking, false alarms, unauthorised disclosures, punish able more severely on
active service than at other times. Any person subject to this Act who___
(a) breaks into any house or other place in search of plunder ; or
(b) by any means whatever, intentionally occasions a false alarm ;or
(c) without due authority, either verbally or in writing or by signals or otherwise discloses the
number or position of any of the Pakistan forces, or any part thereof, or any preparation
for, or orders relating to operations or movement of such forces ;
Page 27 of 105
if he commits the offence on active service be punished with rigorous imprisonment for a term

which may extend to fourteen years, or with such less punishment as is in this Act mentioned, or
if he commits the offence not on active service, be punished with rigorous imprisonment for a
term which may extend to five years or with such less punishment as is in this Act mentioned.
30. Other service offences. Any person subject to this Act who___
( a) by any means whatever, negligently occasions a false alarm ; or
(b) makes known the parole, watchword, or countersign to any person not entitled to receive
it, or, without good and sufficient cause, gives a watchword, parole or countersign
different from what he received ; or
(c) irregularly detains or appropriates to his own unit or detachment any provisions or
supplies proceeding to the forces, contrary to orders issued in that respect ;
extend to three years or with such less punishment as is in this Act mentioned.
31. Mutiny and insubordination. Any person subject to this Act who commits any of the
following offences, that is to say,___
(a) begins, incites, causes, or conspires with any other person to cause, or joins in, any mutiny
in the military, naval or air forces of Pakistan or any forces co‑operating therewith ; or
(b) being present at any such mutiny, does not use his utmost endeavours to suppress the
same ; or
Page 28 of 105
(c) knowing or having reason to believe in the existence of any such mutiny or any intention
to commit such mutiny, or of any such conspiracy, does not without reasonable delay give
information thereof to his commanding or other superior officer ; or
(d) attempts to seduce any person in the military, naval or air forces of Pakistan from his duty
or his allegiance to the Government of Pakistan ;
shall, on conviction by Court martial, be punished with death or with such less punishment as is in this
Act mentioned.
32. Offences in relation to superior officers.___(1) Any person subject to this Act who uses or
attempts to use criminal force to, or commits an assault on, his superior officer being in the execution
of his office, knowing or having reason to believe him to be such, shall, on conviction by Court
martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or
with such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who commits any of the follow ing offences, that is to say___
(a) uses or attempts to use criminal force to, or commits an assault on, his superior officer,
knowing or having reason to believe him to be such ; or
(b) is grossly insubordinate or insolent to his superior officer, knowing or having reason to
believe him to be such ; or
(c) impedes a provost marshal or any person lawfully acting on his behalf, or any member of
the service police, or when called upon, refuses to assist a provost marshal or any person
lawfully acting on his behalf or any member of the service police in the execution of his
duty,
Page 29 of 105
if he commits such offence on active service, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this Act mentioned ; and
Explanation.___For the purposes of subsection (2), “provost marshal” shall be deemed to include
a provost marshal or any of his assistants appointed under 1* * * the Pakistan Air Force Act, 1953
(VI of 1953), or the 2[Pakistan Navy Ordinance, 1961 (XXXV of 1961)], and “service police” shall
be deemed to include members of the Air Force or the Naval Police, being persons subject to the
aforesaid Acts.
33. Disobedience of lawful command.___(1) Any person subject to this Act who disobeys in
such a manner as to show a wilful defiance of authority a lawful command given personally by his
superior officer, knowing or having reason to believe him to be such, shall, on conviction by Court
martial, be punished with rigorous imprisonment for a term which may extend to fourteen years, or
with such less punishment as is in this Act mentioned.
(2) Any person subject to this Act who disobeys the lawful com mand of his superior officer,
knowing or having reason to believe him to be such, shall, on conviction by Court martial,
if he commits such offence on active service, be punished with rigorous imprisonment for a term
which may extend to fourteen years, or with such less punishment as is in this Act mentioned ; and
1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
Page 30 of 105
34. Neglect to obey orders.‑Any person subject to this Act who neglects to obey any standing or
routine or other orders shall, on conviction by Court martial, be punished with rigorous imprisonment
for a term which may extend to two years, or with such less punishment as is in this Act mentioned.
35. Insubordination and obstruction. Any person subject to this Act, who___
(a) being concerned in any quarrel, affray or disorder, refuses to obey any officer though of
inferior rank, who orders him into arrest, or uses criminal force to, or assaults any such
officer ; or
(b) uses criminal force to or assaults any person, whether subject to this Act or not, in whose
custody he is lawfully placed, and whether he is or is not his superior officer ; or
(c) resists an escort whose duty it is to apprehend him or to have him in charge ;
shall, on conviction by Court martial, be punished with rigorous imprisonment for a term which may
extend to two years or with such less punishment as is in this Act mentioned.
36. Desertion and aiding deserters.___ (1) Any person subject to this Act who deserts or
attempts to desert the service shall, on conviction by Court martial.
if he commits the offence when on active service or when under orders for active service, be
punished with death, or such less punish ment as is in this Act mentioned ; and
Page 31 of 105
if he commits the offence under any other circumstances, be punish ed 1[with rigorous
imprisonment for a term which may extend to five years] or with such less punishment as is in this
Act mentioned.
(2) Any person subject to this Act who knowingly harbours any deserter from any of the military,
naval or air forces of Pakistan shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to seven years or with such less punishment as is in this
Act mentioned.
(3) any person subject to this Act who, being cognizant of any desertion, or attempt at desertion,
of any person belonging to the military, naval or air forces of Pakistan, does not forthwith give notice
to his own or some other superior officer, or does not take any steps in his power to cause such
person to be apprehended, shall, on conviction by Court martial, be punished with rigorous
imprisonment for a term which may extend to three years or with such less punishment as is in this
Act mentioned.
37. Absence without leave. Any person subject to this Act who,___
(a) absents himself without leave ; or
(b) without sufficient cause overstays leave granted to him ; or
(c) being on leave of absence and having received information from proper authority that the
corps or unit or detachment or portion of the corps, unit or detachment to which he
belongs, has been ordered on active service, fails, without sufficient cause, to rejoin
without delay ; or
(d) without sufficient cause fails to appear at the time fixed, at the parade or place appointed
for exercise or duty ; or
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 8.
Page 32 of 105
(e) when on parade, or on the line of march, without sufficient cause 1[or] without leave from
his superior officer, quits the parade or line of march ; or
(f) when in camp or garrison or elsewhere, is found beyond any limits fixed, or in any place
prohibited, by any standing or routine order without a pass or written leave from his
superior officer ; or
(g) without leave from his superior officer or without sufficient cause, absents himself from
any school or other institution when duly ordered to attend there ;
extend to 2[three years], or with such less punishment as is in this Act mentioned
38. Fraudulent enrolment. Any person subject to this Act who,___
(a) without having obtained a regular discharge from the corps or unit to which he belongs, or
without having otherwise fulfilled the conditions enabling him to enroll or enter, enrolls
himself in, or enters the same or any other corps or unit or any part of the Pakistan Forces
regular or non‑regular ; or
(b) is concerned in the enrolment in any of the Pakistan Forces, regular or non‑regular, of any
person whom he knows or has reason to believe to be so circumstanced that by enrolling
he commits an offence against this Act 3* * * 4[or the Pakistan Air Force
Act, 1953 (VI of 1953),] or the 5[Pakistan Navy Ordinance, 1961 (XXXV of 1961)];
extend to five years, or with such less punishment as is in this Act mentioned.
1 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 6, for “and”.
2 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 9, for five years.
3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3, and Sch., 2.
4 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch., (with effect from the 14th October, 1965).
Page 33 of 105
39. False answers on enrolment. Any person having become subject to this Act by enrolment
who is discovered to have made at the time of his enrolment a wilfully false answer to any question
set forth in the prescribed form of enrolment which was put to him by the enrolling officer before
whom he appeared for the purpose of being enrolled shall, on conviction by Court martial, be
punished with rigorous imprisonment for a term which may extend to five years or with such less
punishment as is in this Act mentioned.
40. Fraudulent offence in respect of property. Any person subject to this Act who commits any
of the following offences, that is to say,___
(a) dishonestly misappropriates or commits theft of, or criminal breach of trust in respect of,
any property belonging to the Government or any service property or the property of any
person subject to this Act,
1* * * 2[or the 3Pakistan Air Force Act, 1953 (VI of 1953)] or to the Pakistan
Navy Ordinance, 1961 (XXXV of 1961)], or of any person serving with or attached to
any of the armed forces of Pakistan ; or
(b) dishonestly receives or retains any stolen property of the nature specified in clause (a),
knowing or having reason to believe the same to be stolen ; or
(c) is guilty of any other act or omission with intent to defraud, or to cause wrongful gain or
wrongful loss to any person ;
extend to five years, or with such less punish ment as is in this Act mentioned.
1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Sch. 2.
2 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch (with effect from 14th October, 1955).
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 5, for “ Pakistan Navy (Discipline) Act, 1934”.
Page 34 of 105
41. Certain forms of disgraceful conduct. Any person subject to this Act who commits any of
the following offences this is to say,___
(a) malingers or feigns or produces disease or infirmity in himself, or intentionally delays his
cure or aggravates his disease or infirmity ; or
(b) with intent to render himself or any other person subject to this Act unfit for service,
voluntarily causes hurt to himself or such other person ; or
(c) is guilty of any disgraceful conduct of a cruel, indecent or unnatu ral kind;
extend to ten years or with such less punish ment as is in this Act mentioned.
42. Illegal gratification. Any person subject to this Act who directly or indirectly accepts or
obtains, or agrees to accept, or attempts to obtain, from any person for himself or any other person,
any gratification whatever other than a legal remuneration, as a motive or reward for doing or
forbearing to do any act, or for showing favour or disfavour to any person, in relation to any of the
affairs of the State or of any service affairs, shall, on conviction by Court martial, be punished with
rigorous imprisonment for a term which may extend to five years, or with such less punishment as is
in this Act mentioned.
43. Intoxication. Any person subject to this Act who commits the following offence, that is to
say, the offence of being in a state of intoxication, shall, on conviction by Court martial,
if he commits such offence on active service or while he is on duty, be punished with rigorous
imprisonment for a term which may extend to five years, or with such less punishment as is in this
Act mentioned ; and
Page 35 of 105
1[if he commits such offence while not on active service or not on duty, be punished with rigorous
imprisonment for a term which may extend to three years or with such less punishment as is in this
Act mentioned.].
44. Offences in relation to persons in custody.____(1) Any person subject to this Act who,
without authority, wilfully releases any prisoner or person placed in service custody, shall, on
conviction by Court martial, be punished with rigorous imprisonment for a term which may extend to
fourteen years, or with such less punishment as is in this Act mentioned.
2[(2) Any person subject to this Act who commits any of the follow ing offences, that is to say,___
(a) negligently or without reasonable excuse allows any prisoner or person placed in his
charge to escape; or
(b) being in lawful custody escapes or attempts to escape or leaves such custody before he is
set at liberty by proper authority ;
shall, on conviction by court martial, be punished with rigorous imprisonment for a term which may
extend to two years or with such less punishment as is in this Act mentioned.].
45. Loss of arms, etc. and destruction of property. Any person subject to this Act who commits
any of the following offences, that is to say,___
(a) loses by neglect any arms, ammunition, equipment, instruments, tools, clothing or any
other thing, being Government or service property issued to him for his use or entrusted
to him for his use or entrusted to him for military purposes ; or
1 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 3.
2 Subs. ibid., s. 4.
Page 36 of 105
(b) wilfully destroys or injures any Government or service property ;
extend to two years or with such less punishment as is in this Act mentioned.
46. False accusation. Any person subject to this Act who commits any of the following offences,
that is to say,___
(a) makes a false accusation against any person subject to this Act, knowing or having reason
to believe such accusation to be false ; or
(b) in making a complaint to his superior officer makes any statement affecting the character
of a person subject to this Act knowing or having reason to believe such statement to be
false, or in making such complaint knowingly and wilfully suppresses any material fact ;
extend to two years, or with such less punishment as is in this Act mentioned.
47. False documents. Any person subject to this Act who commits any of the following offences,
that is to say,___
(a) in any report, return, list certificate, book or other service or official document made or
signed by him or of the contents of which it is his duty to ascertain the accuracy,____
(i) knowingly makes or is privy to the making of any false or frau dulent statement ; or
(ii) knowingly makes or is privy to the making of an omission with intent to defraud ; or
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(b) knowingly and with intent to injure any person, or to defraud, suppresses, defaces, alters
or makes away with, any service or official document which it is his duty to preserve or
produce ; or
(c) when it is his official duty to make a declaration respecting any service or official matter,
knowingly makes a false declaration ;
extend to seven years, or with such less punishment as is in this Act mentioned.
48. Signing in blank and failure to report. Any person subject to this Act who,____
(a) when signing any document relating to pay, arms, ammunition, equipment, clothing,
supplies or stores 1[or] any other Government or ser vice property, knowingly leaves in
blank any material part for which his signature is a voucher ; or
(b) refuses, or by culpable neglect omits, to make a report or return which it is his duty to
make ;
extend to two years, or with such less punishment as is in this Act mentioned.
49. Offences in relation to Courts martial. Any person subject to this Act who commits any of
the following offences, that is to say,____
(a) refuses to be sworn or affirmed when duly required by a Court martial to be sworn or
affirmed; or
(b) refuses, when a witness, to answer any question or to produce or deliver up any book,
document or other thing when duly required by a Court martial to answer such
1 Subs. by the Pakistan Army (Amdt.) Act,. 1976 (51 of 1976), s. 10, for “of”.
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question, or to produce or deliver up such book, document or other thing ; or
(c) is guilty of contempt of Court martial, by using insulting or threatening language, or by
causing any interruption or disturbance in the proceedings of such Court ;
shall, on conviction by Court martial, be punished with rigorous impri sonment for a term which may
extend to five years, or with such less punishment as is in this Act mentioned.
50. False statement before Court martial. Any person subject to this Act who, having been
duly sworn or affirmed before any Court martial or other military Court competent under this Act to
administer an oath or affirmation, makes any statement which is false and which he either knows or
believes to be false or does not believe to be true, shall, on conviction by Court martial, be punished
with rigorous imprisonment for a term which may extend to ten years, or with such less punishment as
is in this Act mentioned.
51. Irregular confinement. Any person subject to this Act who,___
(1) without lawful excuse, detains a person in arrest or confinement without bringing him to
trial or fails to bring his case before the proper authority for investigation ; or
(2) having committed a person to custody, fails without reasonable cause to deliver at the
time of such committal, or as soon as practicable, and in any case within twenty‑four
hours thereafter, to the officer or other person into whose custody the person arrested is
committed, an account in writing signed by himself of the offence with which the person
so committed is charged.
extend to two years or with such less punish ment as is in this Act mentioned.
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52. Unbecoming behaviour. Any officer, junior commissioned officer or warrant officer, who
behaves in a manner unbecoming his position and the character expected of him shall, on conviction
by Court martial, be liable to be dismissed from the service or to suffer such less punishment as is in
this Act mentioned.
53. Striking or ill‑ treating person subject to the Act. Any person subject to this Act who
strikes or ill‑treats any person subject to this Act being his subordinate in rank or position shall, on
five years or with such less punishment as is in this Act mentioned.
54. Unlawful detention of pay. Any officer, junior commissioned officer, warrant officer or
non‑commissioned officer who, having received the pay of a person subject to this Act, unlawfully
detains or refuses to pay the same, when due, shall, on conviction by Court martial, be liable to be
punished with rigorous imprisonment for a term which may extend to seven years, or with such less
punishment as is in this Act mentioned.
55. Violation of good order and discipline. Any person subject to this Act who is guilty of any
act, conduct, disorder or neglect to the prejudice of good order any of military discipline shall, on
five years, or with such less punishment as is in this Act mentioned.
56. Offences relating to aircraft. Any person subject to this Act who,___
(a) voluntarily or negligently damages,. destroys or loses any service aircraft or aircraft
material ; or
(b) is guilty of any act or omission likely to cause such damage, destruction or loss ; or
(c) without due authority disposes of any service aircraft or aircraft material ; or
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(d) is guilty of any act or omission in flying or in the use of any aircraft, or in relation to any
aircraft, or aircraft material which causes or is likely to cause loss of life or bodily injury
to any person ; or
(e) during a state of war, voluntarily and without proper occasion or negligently causes
sequestration, by or under the authority of a neutral State, or the destruction in a neutral
State, of any service aircraft ;
shall, on conviction by Court martial, be punished,
if he has acted voluntarily, with rigorous imprisonment for a term which may extend to fourteen
years or with such less punishment as is in this Act mentioned; and
if he has not acted voluntarily, with rigorous imprisonment for a term which may extend to five
years or with such less punishment as in this Act mentioned.
1[Explanation.___In this section, “aircraft” includes aeroplanes, baloons, kite baloons, airships,
gliders or other machines for flying and “aircraft material” includes any engines, fittings, guns, gear,
instruments or apparatus for use in connection with aircraft, and components and accessories of
aircraft, and petrol or any other substance used for providing motive power for aircraft, and
lubricating oil.]
57. Attempt. Any person subject to this Act who attempts to commit any offence before in this
Act specified and in such attempt does any act towards the Commission of the offence shall, on
conviction by Court martial, where no express provision is made by this Act for the punishment of
such attempt, be punished,
1 Explanation added by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 7.
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if the offence attempted to be committed is punishable with death, with rigorous imprisonment for
a term which may extend to fourteen years or with such less punishment as is in this Act
mentioned; and
if the offence attempted to be committed is punishable with rigorous imprisonment, with rigorous
imprisonment for a term which may extend to onehalf of the longest term provided for that offence,
or with such less punishment as is in this Act mentioned.
58. Abetment. Any person subject to this Act who abets the commis sion of any offence before in
this Act specified, or of any offence punishable under 1* * * the Pakistan Air Force Act, 1953
(VI of 1953), or the 2[Pakistan Navy Ordinance,1961 (XXXV of 1961)], such offence being of the
same nature as an offence before in this Act specified, shall, on conviction by Court martial, be
punished with the punishment provided for such offence in this Act (XIV of 1932) 1* * * 3[or
the Pakistan Air Force Act, 1953 (VI of 1953),] or in the 2[Pakistan Navy Ordinance, 1961 (XXXV
of 1961)], as the case may be, or with such less punishment as in this Act mentioned.
59. Civil offences.___(1) Subject to the provisions of subsection (2), any person subject to this
Act who at any place in or beyond Pakistan commits any civil offence shall be deemed to be guilty of
an offence against this Act and, if charged therewith under this section, shall be liable to be 4[dealt
with under this Act],
1 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.
2 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), ss. 5 and 6, for “Pakistan Navy (Discipline) Act, 1934”.
3 Ins. by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960), s. 3, and 2nd Sch., (with effect from 14th October, 1955).
4 Subs. by Ordinance, 1965 (40 of 1965), s. 6, for “tried by court material”.
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and, on conviction, to be punished as follows, that is to say,___
(a) if the offence is one which would be punishable under any law in force in Pakistan with
death or with 1[imprisonment for life], he shall be liable to suffer any punishment 2*
* * assigned for the offence by the aforesaid law or such less punishment as is in this
Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment 2* * * assigned for the
offence by the law in force in Pakistan, or 1* rigorous imprisonment for a term which may
extend to five years or 1* such less punishment as is in this Act mentioned [:]2
2[Provided that, where the offence of which any such person is found guilty is an offence liable to
hadd under any Islamic law, the sentence awarded to him shall be that provided for the offence in
that law.
(2) A person subject to this Act who commits an offence of murder against a person not subject to
this Act 3* * * 4[or the Pakistan Air Force Act, 1953 (VI of 1953)], or to the 5[Pakistan Navy
Ordinance, 1961 (XXXV of 1961)], or of culpable homicide not amounting to murder against such a
person or of 2[Zina or ZinabilJabr] in relation to such a person, shall not be deemed to be guilty of
an offence against this Act and shall not be 6[dealt with under this Act] unless he commits any of the
said offences,___
(a) while on active service, or
(b) at any place outside Pakistan, or
1 Subs. and omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 11.
2 Omitted, subs. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 5.
3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and 2nd Sch.
4 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3, and 2nd Sch. (with effect from the 14th the October, 1955).
5 Subs. by the Pakistan Army (Amdt.) Ordinance 1965 (40 of 1965), ss. 5 and 6, for “Pakistan Navy (Discipline) Act, 1934”.
6 Subs. ibid., s.6, for “tried by Court martial”.
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(c) at a frontier post specified by the 1[Federal Government] by notification in this behalf.
(3) The powers of a Court martial 2[or an officer exercising authority under section 23] to charge
and punish any person under this section shall not be affected by reason of the fact that the civil
offence with which such person is charged is also an offence against this Act.
3[(4) Notwithstanding anything contained in this Act or in any other law for the time being in
force a person who becomes subject to this Act by reason of his being accused of an offence
mentioned in clause (d) of subsection (1) of section 2 shall be liable to be tried or otherwise dealt
with under this Act for such offence as if the offence were an offence against this Act and were
committed at a time when such person was subject to this Act ; and the provisions of this section shall
have effect accordingly].
_____
CHAPTER VI.___PUNISHMENTS
60. Punishments. Punishments may be inflicted in respect of offences committed by persons
subject to this Act and convicted by Courts martial according to the scale following, that is to say,____
4[(a) stoning to death ;
(aa) death ;
(aaa) amputation of hand, foot or both ;]
5[(b) Imprisonment for life ;]
3 Added by the Defence Services Laws (Second Amendment) Ordinance, 1967 (4 of 1967), s. 2.
4 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984) s. 6.
5 Subs. by the Pakistan Army (Amdt.) Act, 1976, (51 of 1976), s. 12.
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(c) 1* imprisonment for any term not exceeding 1[Twentyfive] years ;
1[(cc) whipping not exceeding one hundred strips ;] ;
(d) dismissal from the service;
(e) in the case of persons other than officers, junior commissioned officers or warrant officers,
detention for a period not exceeding six months;
(f ) in the case of warrant officers, reduction in grade or class ; and in the case of
non‑commissioned officers, reduction to the ranks or to a lower rank;
(g) in the case of officers, junior commissioned officers, warrant officers and
non‑commissioned officers, forfeiture of seniority of rank; or, in the case of any of the
aforesaid whose promotion depends upon length of service, forfeiture of all or any part of
the service for the purposes of promotion;
(h) forfeiture of service for the purposes of increased pay, or any other prescribed purpose;
(i) in the case of officers, junior commissioned officers, warrant officers and
non‑commissioned officers, severe reprimand or reprimand ;
(j) forfeiture, fines and stoppages as follows, namely:___
(i) in the case of a person sentenced to dismissal from the service, forfeiture of all arrears
of pay and allowances and other public money due to him at the time of such
dismissal;
1 Subs. Omitted and Ins. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 6.
Page 45 of 105
(ii) fine;
1[(iii) stoppages of pay and allowances to make good the whole or any part of the
proved loss or damage occasioned by the offence of which he is convicted ;]
(iv) for an offence committed on active service, forfeiture of pay and allowances for a
period commencing on the day of the sentence and not exceeding three months [;]1
1[(k) any other punishment provided for in any Islamic law ;] 2[and any other law for the
time being in force]
Provided that,
1[(1) a person shall not be sentenced to imprisonment for life except in respect of an
offence of which he is convicted under section 24 or sectin 31 or subsection (1) of
section 36 or section 59 ; nor shall a person be fined except in respect of an offence of
which he is convicted under section 40 or section 42 or section 55 or section 59; ]
(2) Where in respect of an offence under this Act there is specified a particular
punishment or such less punishment as is in this Act mentioned, there may be awarded in
respect of that offence instead of such particular punishment, but subject to the other
provisions of this Act and regard being had to the nature and degree of the offence, any
one punishment lower in the scale than the particular punishment, 1[except an offence
liable to hadd under any Islamic law, for which the punishment provided for in that law
shall be awarded ;]
1 Sub. Ins. and added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 6.
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(3) an offender under this Act shall not be subject to detention for more than six months
whether under one or more sentences 1[ ; and]
1[(4) a person shall not be sentenced to stoning to death, amputation of hand, foot or
both, whipping or simple imprisonment except in respect of an offence of which he is
convicted under an Islamic law.
Explanation.___While computing a sentence under an Islamic law, “imprisonment for life” shall
have the same meaning as in such law.].
61. Field punishment. ___(1) Where any person subject to this Act, being below the rank of
warrant officer, commits any offence on active service, it shall be lawful for a Court martial to award
for that offence any such punishment, other than flogging, as may be prescribed as a field
punishment. Field punishment shall be of the character of personal res traint or of hard labour but shall
not be of a nature to cause injury to life or limb.
(2) Field punishment shall, for the purpose of commutation, be deemed to stand next below
detention.
62. Special provisions regarding sentences.___(1) Where an officer, junior commissioned
officer or warrant officer is sentenced to 2[Stoning to death,] death, 3[Imprisonment for life] or 2*
imprisonment, the court shall, by its sentence, sentence such officer, junior commissioned officer, or
warrant officer to be dismissed from the service.
1 Subs. ins added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984, s. 6.
2 Ins. and omitted ibid, s. 7.
3 Subs. by Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 13.
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(2) A person subject to this Act, being below the rank of warrant officer who is sentenced to
1[Imprisonment for life], 2[or to imprisonment to be undergone otherwise than in military custody]
may, in addition thereto, be sentenced to be dismissed from the service.
(3) An officer, junior commissioned officer, warrant officer or noncommissioned officer, when
sentenced to forfeiture of seniority of rank or service for the purposes of promotion or to forfeiture of
service for the purposes of increased pay, or any other prescribed purposes, may, in addition thereto
be sentenced by Court martial to be severely reprimanded or reprimanded.
(4) In addition to, or without any other punishment, in respect of any offence, an offender may be
sentenced by Court martial to any forfeiture, fine or stoppages authorised by this Act.
(5) A non‑commissioned officer sentenced by Court martial to 3[ amputation of hand or foot or
both,] 1[Imprisonment for life], 4* imprisonment, detention, field punishment or dismissal from the
service shall be deemed to be reduced to the ranks.
5[(6) A person subject to this Act who is sentenced to amputation of hand or foot or both or
whipping, may, in addition thereto, be sentenced to be dismissed from the service.]
63. Retention in the ranks of person convicted on active service. When, on active service, any
person enrolled under this Act has been sentenced by Court martial to dismissal from the service or to
1[imprisonment for life] or 4* imprisonment whether combined with dismissal or not, the prescribed
officer may direct that such person may be retained to serve in the ranks, and where such person has
been sentenced to 1[Imprisonment for life] or 4* imprisonment, such service shall be reckoned as part
of his term or 1[Imprisonment for life] or 4* imprisonment.
3 Ins. ibid.
4 Omitted ibid.
5 Added. Ibid., s. 8.
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CHAPTER VII.__PENAL DEDUCTIONS
64. Authorised deductions only to be made from pay. The pay 1[and allowances] of an officer,
junior commissioned officer, warrant officer or of any person enrolled under this Act shall be paid
without any deductions other than deductions authorised by or under this Act or any other law for the
time being in force.
65. Deductions from pay and allowances.____(1) The following penal deductions may be made
from the 2[pay and allowances of an officer], that is to say,___
(a) all pay and allowances for every day he absents himself without leave, unless a
satisfactory explanation has been given to his comman ding officer or other superior
officer and has been accepted by the 3[Federal Government] ;
(b) all pay and allowances for every day while he is in custody or under suspension from duty
on a charge for an offence of which he is afterwards convicted by a Criminal Court or a
Court martial or by an officer exercising authority under section 23 ;
(c) any sum required to make good the pay of any person subject to this Act which he has
unlawfully retained or unlawfully refused to pay;
(d) all pay and allowances ordered by a Court martial or by an officer exercising authority
under section 23 to be forfeited or stopped ;
(e) any sum required to pay a fine awarded by a Criminal Court or a Court martial exercising
jurisdiction under section 59 ;
(f) any sum required to make good any loss, damage or destruction of any public or
2 Subs. ibid., s. 9, for “pay of an officer”.
Page 49 of 105
service property which, after due investigation, appears to the 1[Federal Government] to
have been occasioned by any wrongful act or negligence on the part of the officer ;
(g) all pay and allowances forfeited by order of the 1[Federal Govern ment] if the officer is

found by a Court of inquiry constituted in the behalf by the 2[Chief of the Army staff] to
have deserted to the enemy, or while in enemy hands, to have served with or under the
orders of, the enemy, or in any manner to have aided the enemy, or to have allowed
himself to be taken prisoner by the enemy through want of due precaution or through
disobedience of orders or wilful neglect of duty, or having been taken prisoner by the
enemy to have failed to rejoin his service when it was possible to do so ;
(h) any sum which a criminal court or the 1[Federal Government] orders him to pay for the
maintenance of his wife or his child, legitimate or illegitimate.
(2) The following penal deductions may be made from the pay and allowances of a person subject
to this Act other than an officer, that is to say,___
(a) all pay and allowances for every day of absence without leave or as a prisoner of war, and
for every day of 3* imprisonment or detention awarded by a Criminal Court, a Court
martial, or an officer exercising authority under section 23 or of field punishment awarded
by Court martial, or such officer ;
1 Subs. by the Pakistan Army (Amdt.) Act, 1973 (51 of 1973), s. 3., for “Central Government”.
2 Subs. by F.A.O., 1975 Art. 2 and Sch., for “Commanderinchief”.
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(b) all pay and allowances for every day while he is in custody or under suspension from duty
on a charge for an offence of which he is afterwards convicted by a Criminal Court or a
Court martial, or on a charge of absence without leave for which he is afterwards
awarded imprisonment, detention or field punishment by an officer exercising authority
under section 23 ;
(c) all pay and allowances for every day on which he is in hospital on account of sickness
certified by the medical officer attending on him to have been caused by an offence under
this Act committed by him ;
(d) for every day on which he is in hospital on account of sickness certified by the medical
officer attending on him to have been caused by his own misconduct or imprudence, such
sum as may be specified by order of the 1[Federal Government] or of the prescribed
officer ;
(e) all pay and allowances ordered by a Court martial or by an officer exercising authority
under section 23 to be forfeited or stopped ;
(f) all pay and allowances for every day between his being recovered from the enemy and his
dismissal from the service in consequence of his conduct when being taken prisoner by, or
while in the bands of, the enemy ;
(g) any sum required to make good such compensation for any expense, loss, damage or
destruction caused by him to the 1[Federal Government] or to any building or property as
may be awarded by his commanding officer ;
Page 51 of 105
(h) any sum required to pay a fine awarded by a Criminal Court, a Court martial exercising
jurisdiction under section 59 or an officer exercising authority under section 23 ;
(i) any sum which a Criminal Court, the 1[Federal Government] or any prescribed officer
orders him to pay for the maintenance of his wife or his child, legitimate or illegitimate:
Provided that the total deductions from the pay and allowances of a person under clauses (e), (g),
(h) or (i) shall not, except where he is sentenced to dismissal, exceed in any one month onehalf of his
pay and allowances for that month.
Explanation.___For the purposes of clauses (a) and (b) :
(i) no person shall be treated as absent or in custody unless the absence or custody has lasted
for six hours or upwards (except where the absence or custody prevents the absentee
from fulfilling any military duty which is thereby thrown on some other person) ;
(ii) absence or custody for six consecutive hours or upwards, whether wholly in one day or
partly in one day and partly in another may be reckoned as absence or custody for a day ;
(iii) absence or custody for twenty‑four consecutive hours or up ward may be reckoned as
absence or custody for the whole of each day during any portion of which the person was
absent or in custody;
(iv) for the purposes of this explanation “custody” includes custody on a charge
1 Subs. by the Pakistan Army (Amdt.) 1973 (51 of 1973), s. 3, for “Central Government”.
Page 52 of 105
for an offence of which a person is afterwards convicted, and any period in custody of
any nature, under a sentence of 1* rigorous imprisonment, detention or field punishment.
66. Pay and allowances during trial. In the case of a person subject to this Act who is in
custody or under suspension from duty on a charge for an offence, the prescribed officer may direct
that the whole or any part of the pay and allowances of such person shall be withheld, pending the
result of his trial, on the charge against him, in order to give effect to the provisions of clause (b) of
subsection (1) or subsection (2) of section 65.
67. Deduction from public money due, other than pay. Any sum authorised by this Act to be
deducted from the pay and allowances of any person may, without prejudice to any other mode of
recovering the same, be deducted from any public money due to him other than a pension.
68. Power to withhold pay and allowances pending enquiry into conduct as prisoner of war.
Where the conduct of any person subject to this Act, when being taken prisoner by or whilst in the
hands of the enemy, is to be inquired into under this Act or any other law for the time being in force,
the 2[Chief of the Army Staff] or any officer empowered by him in this behalf may order that the
whole or any part of the pay and allowances of such person shall be withheld pending the result of
such inquiry.
69. Remission of deductions. Any deduction from pay and allow ances authorised by this Act
may be remitted in such manner, to such extent and by such authority as may be prescribed.
70. Provision for dependants of prisoner of war from remitted deductions. In the case of a
person subject to this Act being prisoner of war, whose pay and allowances have been forfeited under
clause (g) of subsection (1) or clause (a) of subsection (2) of section 65 but in respect of whom a
remission has been made under
1 Omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 15, for “transportation”.
2 Subs. by F.A.O., 1975 Art, 2 and Sch., for “CommanderinChief”.
Page 53 of 105
section 69 it shall be lawful for proper provision to be made by the prescribed, authority out of such
pay and allowances for any dependants of such a person and any such remis sion shall in that case be
deemed to apply only to the balance thereafter remaining of such pay and allowances.
71. General power to make provision for dependants. In the case of a person subject to this
Act, it shall be lawful, for proper provision to be made by the prescribed authority for any dependants
of any such person who is a prisoner of war or missing out of his pay and allowances.
72. Period during which a person is deemed to be a prisoner of war. For the purposes of
sections 70 and 71 a person shall be deemed to continue to be a prisoner of war until the conclusion
of any inquiry into his conduct such as is referred to in section 68 and if he is dismissed from the
service in consequence of such conduct, until the date of dismissal.
____
CHAPTER VIII.___ARREST AND PROCEEDINGS BEFORE TRIAL.
73. Custody of offenders.___ (1) Any person subject to this Act who is charged with any offence
may be taken into military custody.
(2) Any such person may be ordered into military custody by any superior officer, or except in
the case of a person subject to this Act as an officer, by any member of the military, naval or air force
police.
(3) An officer may order into military custody any officer, though he may be of a higher rank,
who is engaged in a quarrel, affray or disorder.
74. Duty of commanding Officer in regard to person in custody. Every commanding officer
shall take care that a person under his command when charged with an offence is not detained in
custody for more then forty‑eight hours after the committal of such person
Page 54 of 105
into custody is reported to him, without the charge being investigated, unless investigation within that
period seems to him to be impracticable having due regard to the public service. Every case of a
person detained in custody beyond a period of forty‑eight hours and the reason therefor shall be
reported by the commanding officer to the officer, to whom application is to be made to convene a
general or District Court martial for the trial of the person charged:
Provided that in reckoning the period of forty‑eight hours all public holidays shall be excluded.
75. Interval between committal and Court martial. In every case where any such person as is
mentioned in section 73 and as is not on active service remains in custody for a longer period than
eight days, without a Court martial for his trial being ordered to assemble, a special report giving
reasons for the delay shall be made by his commanding officer in the manner prescribed and a similar
report shall be forwarded at intervals of eight days until a Court martial is assembled or such person is
released from custody.
76. Arrest by civil authorities. Whenever any person subject to this Act, who is accused of any
offence under this Act, is within the jurisdic tion of any magistrate or police officer, such magistrate or
public officer shall aid in the apprehension and delivery to military custody of such person upon
receipt of a written application to that effect signed by that person’s commanding officer.
77. Capture of deserters.___(1) Whenever any person subject to this Act deserts, his
commanding officer shall give written information of the desertion to such civil authorities as in his
opinion may be able to afford assistance towards the capture of the deserter. Such authorities shall
thereupon take steps for the apprehension of the said deserter in like manner as if he were a person
for whose apprehension a warrant had been issued by a magistrate, and shall deliver to deserter, when
appre hended, into military custody.
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(2) It shall be lawful for any police officer to arrest without warrant any person whom he
reasonably believes to be subject to this Act, and to be a deserter or absentee without leave, and to
bring him without delay before the nearest magistrate, to be dealt with according to law.
78. Inquiry into absence of person subject to the Act.____(1) When any person subject to this
Act has been absent from his duty without due authority for a period of 1[thirty days] a Court of
inquiry shall, as soon as practicable, be assembled and such Court shall, upon oath or affirmation
administered in the prescribed manner, inquire respecting the absence of the person, and the
deficiency, if any, in the property of 2[Federal Govern ment] entrusted to his care, or in his arms,
ammunition, equipment, instruments, clothing or necessaries ; and, if satisfied of the fact of such
absence without due authority or other sufficient cause, the Court shall declare such absence and the
period thereof and the said deficiency, if any, and the commanding officer of the corps or unit to
which the person belongs shall enter in the Court martial book of the corps or unit a record of the
declaration.
(2) If the person declared absent does not afterwards surrender, or is not apprehended, he shall,
for the purposes of this Act, be deemed to be a deserter.
3[(3) Notwithstanding anything contained in subsection (1), a person who, after enrolment, fails
to report to the corps or unit to which he is required to report within thirty days of the date on which
he was required to so report, the commanding officer of the corps or unit shall declare such failure
and enter in the court martial book of the corps or unit, as the case may be, a record of the
declaration; and if the person in respect of whom such declaration has been made does not afterwards
surrencder,
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 16, for “sixty days”.
3 Added by Act 51 of 1976, s. 16.
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or is not apprehended, he shall, for the purposes of this Act, be deemed to be a deserter.].
1[78A. Inquiry into any other marshals. A court of inquiry may also be assembled in the
prescribed manner to inquire into any matter which may be referred to it.]
Provost Marshals
79. Appointment, duties and powers of provost marshals.___(1) For the prompt and instant
repression of irregularities and offences committed, provost marshals with assistants may be
appointed by the 2[Chief of the Army Staff] or by any prescribed officer.
(2) the duties of a provost marshal so appointed shall be to take charge of persons confined for
any offence, to preserve good order and discipline, and to prevent breaches of the same by persons
(3) A provost marshal may at any time arrest and detain for trial any person subject to this Act
who commits, or is charged with an offence, and may also carry into effect any punishment to be
inflicted in pursuance of a sentence awarded by a Court martial, or by an officer exercising authority
under section 23 but shall not inflict any punishment on his own authority :
Provided that no officer shall be so arrested or detained otherwise than by or under the orders of
an officer.
(4) For the purposes of subsections (2) and (3) “provost marshal” shall be deemed to include an
assistant provost marshal appointed under this Act, or a provost marshal or any of his assistants
appointed under 3* * * [ 4* the Pakistan Air Force Act, 1953 (VI of 1953)] or the 5[Pakistan
Navy Ordinance, 1961 (XXXV of 1961)].
1 New section 78A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of 1965), s, 3.
2 Subs. by F.A.O., 1975 Art 2 and Sch.
3 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and SchII.
4 Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October 1955).
5 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 7, for Pakistan Navy (Discipline) Act, 1934.
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CHAPTER IX.___COURTS MARTIAL
Constitution, Jurisdiction and Powers of Courts Martial.
80. Kinds of Courts Martial. For the purposes of this Act, there shall be four kinds of Courts
martial, that is to say,___
(1) general Courts martial ;
(2) district Courts martial ;
(3) field general Courts martial; and
(4) summary Courts martial.
81. Power to convene general Courts martial. A general Court martial may be convened by the
1[Chief of the Army Staff] or by an officer empowered in this behalf by warrant of the 1[Chief of the
Army Staff].
82. Power to convene district Courts martial. A district Court martial may be convened by an
authority having power to convene a general Court martial or by an officer empowered in this behalf
by a warrant of any such authority.
83. Limitation of powers of convening authorities. A warrant issued under section 81 or section
82 may contain such restrictions, reservations or conditions as the authority issuing it may think fit.
84. Power to convene field general Court martial. The following authorities shall have power
to convene a field general Court martial, namely :___
(a) an officer empowered in this behalf by an order of the 2[Federal Government] or of the
1[Chief of the Army Staff].
(b) on active service, an officer commanding a portion of the Pakistan Army, not below the
rank of brigadier, if in the opinion of such officer commanding, such opinion
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to be recorded in writing and to be conclusive, it is not practicable with due regard to
discipline and the exigencies of the service to try the alleged offender by a general Court
martial,
85. Composition of general Court martial. A general Court martial shall consist of not less than
five officers each of whom has held a commission for not less than three whole years and of whom
not less than four are of a rank not below that of captain.
86. Composition of district Court martial. A district Court martial shall consist of not less than
three officers each of whom has held a commission for a continuous period of not less than two
years.
87. Composition of field general Court martial. A field general Court martial shall consist of
not less than three officers.
88. Summary Courts martial.___(1) A summary Court martial may be held by the commanding
officer of any corps of unit or any detachment thereof.
(2) At every summary Court martial, the officer holding the trial shall alone constitute the Court,
but the proceedings shall be attended throughout by two officers, or two junior Commissioned
officers, or one officer and one junior commissioned officer, who shall not as such be sworn or
affirmed.
1[(3) In the trial of an accused who is a Muslim for an offence punishable under an Islamic law,
the officer holding the trial, and the officers and junior commissioned officers attending the trial under
subsection (2), shall all be Muslims ; and, where the commanding officer is a nonMuslim, a Muslim
officer shall be appointed by the formation commander for holding the trial].
89. Dissolution of Courts martial.___(1) If a Court martial after the commencement of a trial is
reduced below the smallest number of officers of which it is by this Act required to consist, it shall be
dissolved.
1 Added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 9.
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(2) If, on account of the illness 1 * * * of the accused before the finding, it is
impossible to continue the trial, the Court martial shall be dissolved.
(3) The officer who convened a Court martial may dissolve such Court martial if it appears to him
that the exigencies of the service or the necessities of discipline render it impossible or inexpedient to
continue the trial.
(4) Where a Court martial is dissolved under this section, the accused may be tried by a fresh
Court martial.
90. Prohibition of second trial. Where any person subject to this Act has been acquitted or
convicted of an offence by a Court martial or by a criminal Court or has been summarily dealt with
for an offence under section 23, he shall not be liable to be tried again for the same offence by a
Court martial or be dealt with summarily in respect of it under the said section [ : ]2
3[ Provided that this section shall not apply in a case in which the finding or sentence of the court
martial has not been confirmed or the proceedings have been annulled under section 132.].
91. Period of limitation for trial.___(1) No trial by Court martial of any person subject to this
Act for any offence, other than an offence of desertion or fraudulent enrolment or any of the offences
mentioned in 3[section 31 or section 40 or section 59], shall be commenced after the expiration of
three years from the date of such offence, and no such trial for an offence of desertion, other than
desertion on active service or of fraudulent enrolment shall be commenced if the person in question,
not being an officer, has subsequently to the
2 Subs. and added by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983), s. 2.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), s. 10, for “Section 31 (or section 40). The words in crotechets were ins. by the Pakistan Army (Amdt.) Act, 1958 (11
of 1958), s. 10, to read as above.
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commission of the offence, served continuously in an exemplary manner for not less than three years
with any portion of the Pakistan regular forces.
(2) In the computation of the period of three years specified in sub section (1) any time spent by
the person in question as a prisoner of war, or in evading arrest; shall be excluded.
92. Liability of offender who ceases to be subject to Act.___(1) Where an offence has been
committed by any person while subject to this Act, and he has ceased to be so subject, he may be
taken into and kept in military custody and tried and punished for such offence as if he had continued
to be so subject.
(2) No such person shall be tried for an offence, unless his trial commences within six months
after he had ceased to be subject to this Act :
Provided that nothing contained in this subsection shall apply to the trial of any such person for
an offence or desertion, fraudulent enrolment or for any of the offences mentioned in section 31 1[or
section 40] or shall affect the jurisdiction of a criminal Court to try any offence triable by such Court
as well as by Court martial.
93. Place of trial.__ Any person subject to this Act who commits any offence against it may be
tried and punished for such offence in any place whatever.
94. Order in case of concurrent jurisdiction of Court martial and Criminal Court. When a
Criminal Court and a Court martial have each jurisdiction in respect of a civil offence, it shall be in
the discretion of the prescribed officer to decide before which Court the proceedings shall be
instituted and, if that officer decides that they shall be instituted before a Court martial, to direct that
the accused person shall be detained in military custody.
95. Power of Criminal Court to require delivery of offender.___ (1) When a Criminal Court
having jurisdiction is of the opinion that pro ceedings ought to be instituted before itself in respect of
any civil offence,
1 Ins. by the Army (Amdt.) Ordinance, 1976 (51 of 1976), s. 18.
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it may, by written notice, require the prescribed officer, at his option, either to deliver over the
offender to the nearest Magistrate to be pro ceeded against according to law, or to postpone
proceedings pending a reference to the 1[Federal Government].
(2) In every such case, the said officer shall either deliver over the offender in compliance with
the requisition or shall forthwith refer the question as to the Court before which the proceedings are
to be instituted for the determination of the 1[Federal Government], whose order upon such reference
shall be final.
2[96. Trial by Court martial, bar to subsequent trial by Criminal Court. Where a person
subject to this Act is acquitted or convicted of an offence by a court martial, a criminal court shall be
debarred from trying him subsequently for the same offence or on the same facts.]
3[96A. Definition of court martial. For the purposes of sections 94 and 96, the term “court
martial” shall include an officer exercising authority under section 23.]
97. Powers of general and field general Court martial. A general or field general Court martial
shall have power to try any person subject to this Act for any offence made punishable therein, and to
pass any sent ence authorised by this Act.
98. Power of district Court martial. A district Court martial shall have power to try any person
subject to this Act, except an officer, junior commissioned officer or warrant officer, for any offence
made punishable therein, and to pass any sentence authorised by this Act other than a sentence of
4[stoning to death or death or amputation of hand, foot or both or imprisonment for a term exceeding
two years or whipping exceeding forty stripes].
2 Subs. by the Pakistan Army (Amdt.) Act, 1966 (6 of 1966), s. 2, "for original section 96".
3 New section 96A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s. 8.
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99. Offences triable by summary Court martial. A summary Court martial may try any offence
punishable under any of the provisions of this Act 1[other than an offence liable to hadd under any
Islamic law] :
Provided that when there is no grave reason for immediate action and reference can without
detriment to discipline be made to the officer empowered to convene a district Court martial, or on
active service a field general Court martial, for the trial of the alleged offender, an officer holding a
summary Court martial shall not try without such reference any of the following offences, namely
:___
(a) any offence punishable under sections 24, 31 and 59 ; or
(b) any offence against the officer holding the Court.
100. Persons triable by summary Court martial. A summary Court martial may try any person
subject to this Act and under the command of the officer holding the Court, except an officer, junior
commissioned officer or warrant officer.
101. Sentence awardable by summary Court martial. A summary Court martial may pass any
sentence which may be passed under this Act, except a sentence of 2[stoning death or death or
amputation of hand, foot or both or imprisonment for a term exceeding one year or whipping
exceeding twenty stripes] :
Provided that if the officer holding the summary Court martial is below the rank of 3[Major], he
shall not award 2[whipping or] impri sonment for a term exceeding three months.
102. President. The President of a general, district or field general Court martial shall be
appointed by order of the authority convening the Court.
3 Subs. by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 3, for “LieutenantColonel”.
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1[102A. Religion of confirming officer, president, judge advocate and members of general,
district or field general court martial. In the trial, by a general, district or field general court
martial, of an accused who is a Muslim for an offence punishable under an Islamic law, the
confirming officer, the president, the judge advocate and the members shall be Muslims].
103. Judge Advocate. Every general Court martial shall, and every district or field general Court
martial may, be attended by a judge advo cate, who shall be an officer belonging to the department of
the Judge Advocate‑General, Pakistan Army or, if no such officer is available, a person appointed by
the convening officer.
104. Challenges.___(1) At all trials by general, district or field general Court martial, as soon as
the Court is assembled, the names of the presi dent and members shall be read over to the accused,
who shall thereupon be asked whether he objects to being tried by any officer sitting on the Court.
(2) If the accused objects to such officer, his objection and also the reply thereto of the officer
objected to, shall be heard and recorded, and the remaining officers of the Court shall, decide on the
objection in the absence of the challenged officer.
(3) If the objection is allowed by one half or more of the votes of the officers entitled to vote, the
objection shall be allowed and the member objected to shall retire and his vacancy may be filled in
the prescribed manner by another officer subject to the right of the accused to object.
(4) When no challenge is made, or when challenge has been made and disallowed or the place of
every officer successfully challenged has been filled by another officer to whom no objection is made
or allowed, the Court shall proceed with the trial.
1 Ins. by the Pakistan Army (Amdt.) Ordinance, 1984, (36 of 1984.), s. 14.
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105. Voting of members.___(1) Every decision of a Court martial shall be passed by an absolute
majority of votes ; and where there is an equality of votes, as to either finding or sentence, the
decision shall be in favour of the accused :
Provided that no sentence of death shall be passed without the con currence, in the case of a
general Court martial of at least two‑thirds of the members and, in the case of a field general Court
martial of all the members, of the Court [ : ]1
1[Provided further that, where the offence of which an accused is found guilty is an offence liable
to hadd under an Islamic law, the sentence awarded shall be that provided for the offence in that
law.].
(2) In matters other than a challenge or the finding or sentence, the president shall have a second
or casting vote.
106. Oaths of president and members. An oath or affirmation in the prescribed form shall be
administered to every member of every Court martial before the commencement of the trial.
107. Oaths of judge advocate and others. After the members of the Court have been sworn or
affirmed, an oath or affirmation in the prescribed form shall be administered to the following persons
or such of them as are present at the Court martial :___
(a) judge advocate ;
(b) officer attending for the purpose of instruction ;
(c) shorthand writer;
(d) interpreter.
108. Oaths of witnesses. Every person giving evidence at a Court martial shall be examined on
oath or affirmation and shall be duly sworn or affirmed in the prescribed form:
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Provided that where a Court martial is satisfied that a child of tender years is unable to
understand the nature of an oath or affirmation, it may dispense with the administration of oath or
affirmation.
1[108A. Affirmation not allowed in the case of Muslim. Where the person referred to in section
106 or section 107 or section 108 is a Muslim, the said section shall have effect as if reference therein
to affirmation were omitted.].
109. Summoning witnesses and production of documents.___(1) The convening officer, the
president of 2* 3[a court martial or a court of inquiry], the judge advocate, or the commanding officer
of the accused person may, by summons under his hand, require the attendance at a time and place to
be mentioned in the summons of any person either to give evidence or to produce any docu ment or
thing.
(2) In the case of a witness amendable to military, naval or air force authority, the summons shall
be sent to his commanding officer and such officer shall serve it upon him accordingly.
(3) In the case of any other witness, the summons shall be sent to the magistrate within whose
jurisdiction he may be or reside, and such magistrate shall give effect to the summons as if the witness
were required in the Court of such magistrate.
(4) When a witness is required to produce any document or thing in his possession or power, the
summons shall describe it with reasonable precision.
(5) Nothing in this section shall be deemed to affect the Evidence Act, 1872 (I of 1872), sections
123 and 124, or to apply to any letter, postcard, telegram or other document in the custody of the
postal or telegraph authorities.
2 The redundant word “the” has been omitted in printing.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of 1965), s. 4, for “Court”.
Page 66 of 105
(6) If any document in such custody is, in the opinion of any district magistrate, high Court, or
Court of session wanted for the purpose of any Court martial, such magistrate or Court may require
the postal or tele graph authorities, as the case may be, to deliver such document to such person as
such magistrate or Court may direct.
(7) If any such document is, in the opinion of any other magistrate or of any commissioner of
police or district superintendent of police, wanted for any such purpose, he may require the postal or
telegraph authorities, as the case may be, to cause search to be made for and to detain such document
pending the orders of any such district magistrate, high court or Court of session.
1[110. Commissions for the examination of witness.___(1) Whenever, in the course of trial by a
Court martial, it appears to the Court that the examination of a witness is necessary for the ends of
justice, and that the attendance of such witness cannot be procured without an amount of delay,
expense or inconvenience which in the circumstances of the case, would be unreasonable, such Court
may, if it thinks necessary, issue a commission in the manner specified in Chapter XL of the Code of
Criminal Procedure, 1898 (V of 1898), according as the witness resides in a place in or outside
Pakistan.
(2) The court may be adjourned for a specified time reasonably sufficient for the execution and
return of the commission.
(3) Such a commission shall be executed by the magistrate or officer to whom it is issued in the
same manner as if it was issued in the trial of a 2* case under the Code of Criminal Procedure, 1898
(V of 1898), or of any corresponding law in force at the place
1 Subs. by the Pakistan Army and Air Force (Amdt.) Ordinance, 1964 (6 of 1964), s. 2, for the original section 110, as amended by A.O., 1961, the Repealing and Amending Ordinance,
1961 (1 of 1961) and the Pakistan Army (Amdt.) Ordinance, 1962 (58 of 1962).
2 Omitted by the Pakistan Army (Amdt.) Ordinance, 1983 (39 of 1983), s. 4.
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where the evidence is recorded; and shall be returned, together with the deposition of the witness
examined thereunder, to the Judge Advocate General.
(4) The Judge Advocate General will forward the same to the courtmartial who issued it or, if the
said courtmartial is in the meanwhile dissolved, to another courtmartial convened for the trial of the
accused in respect of the same charge and any deposition so taken shall be recorded in evidence and
shall form part of the proceedings of the court.
Explanation.___The expression “Judge Advocate General” means the Judge Advocate General,
Pakistan Army, and includes a Deputy Judge Advocate General.]
111. Conviction of one offence permissible on charge of another.___ (1) A person charged
before a Court martial with desertion may be found guilty of attempting to desert or of being absent
without leave.
(2) A person charged before a Court martial with attempting to desert may be found guilty of
being absent without leave.
(3) A person charged before a Court martial with any one of the offences specified in clauses (a)
and (b) of section 40 may be found guilty of any other of these offences with which he might have
been charged.
(4) A person charged before a Court martial with an offence punish able under section 59 may be
found guilty of any other offence of which he might have been found guilty if the provisions of the
Code of Criminal Procedure, 1898 (V of 1898), had been applicable.
(5) A person charged before a Court martial with any offence under this Act may, on failure of
proof of an offence having been committed in circumstances involving a more severe punishment be
found guilty of the same offence as having been committed in circumstances involving a less severe
punishment.
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(6) A person charged before a Court martial with any offence under this Act may be found guilty
of having attempted to commit, or of abet ment of, that offence although the attempt or abetment is
not separately charged.
(7) A person charged before a Court martial with using or attempt ing to use, criminal force, to his
superior officer, knowing or having reason to believe him to be such may be found guilty of having
committed an assault on such superior officer.
112. Rules of evidence to be the same as in Criminal Courts. Subject to the provisions of this
Act, the rules of evidence in proceedings before Courts martial shall be the same as those which are
followed in criminal Courts.
113. Judicial notice. A Courtmartial may take judicial notice of any matter within the general
military knowledge of the members.
114. Presumption as to signatures. In any proceedings under this Act, any application,
certificate, warrant, reply or other document purporting to be signed by an officer in the service of
the Government shall, on pro duction, be presumed to have been duly signed by the person by whom
and in the character in which it purports to have been signed until the contrary is proved.
115. Enrolment paper.___(1) Any enrolment paper purporting to be signed by an enrolling officer
shall, in proceedings under this Act, be evi dence that the person enrolled gave the answers which he
is therein represented as having given.
(2) The enrolment of such person may be proved by the production of his enrolment paper or a
copy of his enrolment paper purporting to be certified to be a true copy by the officer having the
custody of the enrol ment paper.
116. Presumption as to certain documents.___(1) A letter, return or other document with
respect to a person,
(i) having, or not having, at any time served in, or been discharged from any part of the armed
forces of Pakistan, or
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(ii) having, or not having, held any rank or appointment in, or been posted or transferred to
any part of such forces, or having or not having served in any particular country or place,
or
(iii) being, or not being, authorised to use or wear any naval, military or air force decoration,
medal, metal ribbon, badge, wound stripe or emblem, the use or wearing of which by an
unauthorised person is, by any law in force for the time being, an offence,
if purporting to be signed by or on behalf of a Secretary to the 1[Federal Government], or on
behalf of the Pakistan Military, Naval or Air Force Headquarters, or by the commanding officer or the
officer or record officer having the custody of the records of any portion of those forces or of any of
the ships of Pakistan Navy to which such person appears to have belonged, or alleges that he belongs
or had belonged, shall, be evi dence of the facts stated in such letter, return or other document.
(2) Any army, navy or air force list or gazette purporting to be published by authority shall be
evidence of the status and rank of the officers, junior commissioned officers or warrant officers
therein men tioned, and of any appointment held by such officers, junior commissioned officers or
warrant officers and of the corps, unit, battalion, ship, arm, branch or department of the service to
which such officers, junior com missioned officers or warrant officers belong.
(3) Where a record is made in any service book in pursuance of this Act or of any rules made
thereunder or otherwise in pursuance of duty and purports to be signed by the commanding officer or
by the officer whose duty it is to make such record, such record shall be evidence of the facts thereby
stated.
1 Subs. by the Pakistan Army (Amdt.) Act, 1973, (51 of 1973), s. 3.
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(4) A copy of any record in any service book purporting to be certi fied to be a true copy by the
officer having the custody of such book shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence
without leave and such person has surrendered himself into the custody of, or has been apprehended
by, any officer, or any portion, of the armed forces of Pakistan, a certificate purporting to be signed
by such officer, or by the commanding officer of that portion of the armed forces and stating the fact,
date and place of such surrender or apprehension, shall be evidence of the matter so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of absence
without leave and such person has on arrest or surrender been taken to a police station in Pakistan, a
certificate purport ing to be signed by the officer‑in‑charge of that police station, and stating, the fact,
date and place of such surrender or apprehension shall be evi dence of the matters so stated.
(7) Any document purporting to be a report under the hand of any Chemical Examiner or
Assistant Chemical Examiner to the Government of Pakistan upon any matter or thing duly submitted
to him for examina tion or analysis and report may be used as evidence in any proceeding under this
Act.
117. Reference by accused to Government Officer.___(1) If at any trial, or other proceedings,
for desertion or absence without leave, overstaying leave, or not rejoining when warned for service,
the accused states in his defence any sufficient or reasonable excuse for his unauthorised absence,
and refers in support thereof to any officer in the service of the Govern ment or if it appears that any
such officer is likely to prove or disprove the said
Page 71 of 105
statement in the defence the Court or officer conducting the proceedings shall address such officer
and adjourn the Court or proceedings until his reply is received.
(2) The written reply of any officer so addressed shall, if signed by him, be received in evidence
and have the same effect as if made on oath before the Court or officer conducting the proceedings.
(3) If the Court martial is dissolved before receipt of such reply or if it omits to comply with the
provisions of this section, the convening officer may, at his discretion, annul the proceedings and
order a fresh trial by the same or another Court martial.
118. Evidence of previous convictions and general character.___(1) When any person subject
to this Act has been convicted by a Court martial of any offence, such Court martial may inquire into,
and receive and record evidence of, any previous convictions of such person, either by a Court
martial or by a Criminal Court, and may further inquire into and record the general character of such
person, and such other matters as may be prescribed.
(2) Evidence received under this section may be either oral, or in the shape of entries in, or
certified extracts from, service records, and it shall not be necessary to give notice before trial to the
person tried that evidence as to his previous convictions or character will be received.
(3) At a summary Court martial, the officer holding the trial may, if he thinks fit, record any
previous convictions against the offender, his general character, and such other matters as may be
prescribed, as of his own knowledge, instead of requiring them to be proved under the fore going
provisions of this section.
____
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CHAPTER X.___COMFIRMATION AND REVISION OF FINDING AND SENTENCES.
119. Finding and sentence not valid unless confirmed. No finding or sentence of a general,
district or field general Court martial shall be valid except in so far as it may be confirmed as
provided by this Act.
120. Power to confirm finding and sentence of general Court martial. The finding and
sentence of a general Court martial may be confirmed by the 1[Chief of the Army Staff] or by an
officer empowered in this behalf by war rant of the 1[Chief of the Army Staff].
121. Power to confirm finding and sentence of District Court martial. The finding and
sentence of a district Court martial may be confirmed by an officer having power to convene a
general Court martial or by any officer empowered in this behalf by warrant of any such officer.
122. Limitation of powers of confirming authority. A warrant issued under section 120 or
section 121 may contain such restrictions, reservations or conditions as the officer issuing it may
think fit.
123. Power to confirm finding and sentence of field general Court martial. The finding and
sentence of a field general Court martial may be confirmed by the convening officer or 2[, if it is not
practicable for the convening officer to do so by reason of his absence on leave or otherwise or the
convening officer so directs,] by an authority superior to him.
124. Power of confirming authority to mitigate, remit or commute sentences. Subject to such
restrictions, reservations or conditions, as may be contained in any warrant issued under section 120
or section 121, a confirming officer may, when confirming the sentence of a Court martial, mitigate or
remit the punishment thereby awarded, or commute that punishment for any less punishment or
punishments to which the offender might have been sentenced by Court martial or if
1 Subs. by F.A.O., 1975 Art. 2 and Sch.
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that punishment is death or 1[imprisonment for life], for any less punishment or punishments
mentioned in this Act:
2[Provided that a sentence awarded as hadd under any Islamic law shall not be so mitigated,
remitted or commuted otherwise than in accordance with such law.],
3* * * * * * *
125. Confirmation of finding and sentence on board a ship.___When any person subject to this
Act is tried and sentenced by a Court martial while on board a ship the finding and sentence so far as
not confirmed and executed on board the ship may be confirmed and executed in like manner as if
such person had been tried at the port of disembarkation.
126. Revision of finding and sentence.___(1) Any finding or sentence of a Court martial which
requires confirmation may be once revised by order of the confirming officer, and, on such revision,
the Court, if so directed by him, may take additional evidence.
(2) The Court, on revision, shall consist of the same officers as were present when the original
decision was passed unless any of those officers are unavoidably absent.
(3) In case of such unavoidable absence, the cause thereof shall be duly recorded in the
proceedings, and the Court shall proceed with the revision, provided that, if a general Court martial, it
still consists of five officers or, if a field general or District Court martial, of three officers.
127. Finding and sentence of a summary Court martial. The finding and sentence of a
summary Court martial shall not require to be confirmed, but may be carried out forthwith:
Provided that if the officer holding the trial is of less than five years’ service, he shall not, except
on active service, carry into effect any sentence
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 22 for “transportation for Life”.
2 Proviso Subs. by the Pakistan Army (Amdt.) Ord, 1984, (36 of 1984), s. 16.
3 Proviso omitted by Act 51 of 1976, s. 22.
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until it has received the approval of 1[an officer having power to convene a district court martial].
128. Transmission of proceedings of a summary Court martial. The proceedings of every
summary Court martial shall without delay be forwarded to 2[an officer having power to convene a
district court martial], and such officer, or any higher authority, may, for reasons based on the merits
of the case but not on any merely technical grounds, set aside the proceedings or reduce the sentence
to any other sentence which the Court might have passed [ : ]3
3[Provided that a sentence awarded as hadd under any Islamic law shall not be so mitigated,
remitted or commuted otherwise than in accordance with such law.].
129. Substitution of a valid finding or sentence for and invalid finding or sentence.___(1)
Where a finding of guilty by a Court martial, which has been confirmed, or which does not require
confirmation, is found for any reason to be invalid or cannot be supported by the evidence, the
authority which would have had power under section 143 to commute the punish ment awarded by
the sentence, if the finding had been valid, may substi tute a new finding, if the new finding could
have validly been made by the Court martial on the charge and if it appears that the Court martial
must have been satisfied of the facts establishing the offence specified or involved in the new finding,
and may pass a sentence for the said offence.
(2) Where a sentence passed by a Court martial which has been confirmed, or which does not
require confirmation, not being a sentence passed in pursuance of a new finding substituted under
subsection (1) is found for any reason to be invalid, the authority referred to in the sub section may
pass a valid sentence.
1 Subs. by the Pakistan Army (Amdt.) Act, 1963 (9 of 1963), s. 4, for “an officer not below the rank of brigadier, who may be empowered in this behalf by the CommanderinChief”.
2 Subs. by the Pakistan Army (Amdt.) Act, 1958 (11 of 1958), s. 11, for “an officer not below the rank of brigadier, who may be empowered in this behalf by the CommanderinChief”.
Page 75 of 105
(3) The punishment awarded by a sentence passed under subsection (1) or subsection (2) shall not
be higher in the scale of punishments than, or in excess of the punishment awarded by, the sentence
for which a new sentence is substituted under this section.
(4) For the purposes of this Act, any finding or sentence substituted in accordance with this
section for the finding or sentence of a Court martial, and any sentence imposed for an offence
specified or involved in any such substituted finding, shall have effect as if it was a finding or
sentence of a Court martial.
130. Provision in the case of accused being lunatic.___(1) Whenever, in the course of a trial by
Court martial, it appears to the Court that the person charged is of unsound mind and consequently
incapable of making his defence, or that such person committed the act alleged but was by reason of
unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to
law, the Court shall record a finding accordingly, and the president of the Court, or the officer holding
the trial as the case may be, shall forthwith report the case to the confir ming officer or, in the case of
a Court martial whose finding does not require confirmation to the prescribed officer.
(2) The confirming officer to whom a case is reported under sub section (1) may, if he does not
confirm the finding, take steps to have the accused person tried by the same or another Court martial
for the offence with which he was originally charged.
(3) The prescribed officer to whom a case is reported under sub section (1) and a confirming
officer confirming a finding in any case so reported to him shall order the accused person to be kept
in custody in the prescribed manner, and shall report the case for the orders of the 1[Federal
Government].
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(4) On receipt of a report under subsection (3), the 1[Federal Govern ment] may order the accused
person to be detained in a lunatic asylum or other suitable place of safe custody.
(5) Where an accused person, having been found by reason of unsoundness of mind to be
incapable of making his defence, is in custody or under detention, the prescribed officer may___
(a) if such person is in custody under subsection (3), on the report of a medical officer that he
is capable of making his defence, or
(b) if such person is detained in a jail under subsection (4), on a certificate of the Inspector
General of Prisons and if such person is detained in a lunatic asylum under the said sub
section, on a certificate of any two or more of the visitors of such asylum that he is
capable of making his defence,
take steps to have such person tried by the same or another Court martial for the offence with which
he was originally charged or, provided that the offence is a civil offence, by a criminal Court.
(6) Where any person is in custody under subsection (3) or under detention under subsection
(4),___
(a) if such person is in custody under subsection (3), on the report of a medical officer, or
(b) if such person is detained under subsection (4), on a certificate from any of the authorities
mentioned in clause (b) of subsection (5), that, in the judgment of such officer or
authority, such person may be released without danger of his doing injury to himself or to
any other person,
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the 1[Federal Government] may order such person to be released, or to be detained in custody or to
be transferred to a public lunatic asylum if he has not already been sent to such an asylum.
(7) Where any relative or friend of any person who is in custody under subsection (3) or under
detention under subsection (4) desires that he shall be delivered to his care and custody, the 1[Federal
Government] may, upon the application of such relative or friend and on his giving security to the
satisfaction of the 1[Federal Government] that the person delivered shall___
(a) be properly taken care of and prevented from doing injury to himself or to any other
person, and
(b) be produced for the inspection of such authority, and at such time and places, as the
1[Federal Government] may direct,
order such person to be delivered to such relative or friend.
(8) A copy of every order made by the prescribed officer under sub section (5) shall forthwith be
sent to the 1[Federal Government].
131. Remedy against finding and sentence of Court martial.___(1) Any person subject to this
Act who considers himself aggrieved by the finding or sentence of a general, field general or district
Court martial may submit a petition, before confirmation of such finding or sentence, to the officer
empowered to confirm it and, after confirmation, to the 1[Federal Government], or the 2[Chief of the
Army Staff] or to any 3[prescribed officer who is superior in command to] the one who confirmed
such finding or sentence.
3 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 23, for certain words.
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(2) Any person subject to this Act who considers himself aggrieved by the finding or sentence of
a summary Court martial may submit a petition to the 1[Federal Government], or the 2[Chief of the
Army Staff], or any officer empowered to act under section 128.
132. Annulment of proceedings. The 1[Federal Government] or the 2[Chief of the Army Staff]

or any prescribed officer may annual the proceedings of any Court martial on the ground that they are
illegal or unjust.
133. Bar of appeals. No remedy shall lie against any decision of a Court martial save as provided
in this Act, and for the removal of doubt it is hereby declared that no appeal or application shall lie in
respect of any proceeding or decision of a Court martial to any Court exercising any jurisdiction
whatever 3[except as provided for in section 133A 4[and Section 133B.]
3[133A. Court of Appeals 4[for Hadd cases].___(1) Any person to whom a court martial has
awarded a sentence of hadd under an Islamic law may, within sixty days from the date of the
sentence, prefer an appeal against the finding and sentence of the court martial to a Court of Appeals
consisting of the Chief of the Army Staff or an officer, being a Muslim, designated by him in this
behalf, hereinafter referred to as the Court of Appeals 4[for Hadd cases].
(2) No sentence awarded by a court martial as hadd under an Islamic law shall be executed unless
it is confirmed by the Court of Appeals 4[for Hadd cases.]
(3) The Court of Appeals 4[for Hadd cases] shall have power to ____
(a) confirm the finding or sentence of both; or
3 Added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), Ss. 18. and 19.
4 Added and ins. by the Pakistan Army (Amdt.) Act, 1992 (28 of 1992), ss. 2,3, and 4.
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(a) substitute a valid finding or sentence for an invalid finding or sentence; or
(b) call any witness for the purpose of recording additional evidence in the presence of the
parties who shall be afforded an opportunity to put any question to the witness ; or
(c) annual the proceedings of the court martial on the ground that they are illegal or unjust ;
or
(d) order retrial of the accused by a fresh court.
(4) The decision of the Court of Appeals 1[for Hadd cases] shall be final and shall not be called in
question before any court or other authority.].
2[133B. Court. of Appeals for other cases. ___(1) Any person to whom a courtmartial has
awarded a sentence of death, imprisonment for life, imprisonment exceeding three months, or
dismissal from the service after the commencement of the Pakistan Army (Amendment) Act, 1992 ,
may, within forty days from the date of announcement of finding or sentence or promulgation thereof,
whichever is earlier, prefer an appeal against the finding or sentence to a Court of Appeals consisting
of the Chief of the Army Staff or one or more officers designated by him in this behalf, presided by
an officer not below the rank of Brigadier in the case of General CourtMartial or Field General
CourtMartial or District CourtMartial or Summary CourtMartial convened or confirmed or
countersigned by an officer of the rank of Brigadier or below as the case may be, and one or more
officer, presided by an officer not below the rank of Major General in other cases, hereinafter
referred to as the Court of Appeals.
2 Added ibid., s. 4.
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Provided that where the sentence is awarded by the Courtmartial under an Islamic law, the
officer or officers so designated shall be Muslims :
Provided further that every Court of Appeal’s may be attended by a judge advocate who shall be
an officer belonging to the Judge Advocate General’s Department, Pakistan Army, or if no such
officer is available, a person appointed by the Chief of the Army Staff.
(2) A Court of Appeals shall have power to___
(a) accept or reject the appeal in whole or in part; or
(b) substitute a valid finding or sentence for an invalid finding or sentence ; or
(c) call any witness, in its discretion for the purpose of recording additional evidence in the
presence of the parties, who shall be afforded an opportunity to put any question to the
witness ; or
(d) annual the proceedings of the Courtmartial on the ground that they are illegal or unjust;
or
(e) order retrial of the accused by a fresh Court; or
(f) remit the whole or any part of the punishment or reduce or enhance the punishment or
commute the punishment for any less punishment or punishments mentioned in this Act.
(3) The decision of a Court of Appeals shall be final and shall not be called in question before any
Court or other authority whatsoever.]
______
CHAPTER XI. ___EXECUTION OF SENTENCES
1[134. Form of sentence of Stoning to death or death.__(1) In awarding a sentence of stoning to
death, a Court martial shall direct that the sentence shall be executed in the manner provided for in
the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of1979).
1 Subs. by the Pakistan Army (Amdt.) Ordinance 1984 (36 of 1984), s. 20.
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(2) In awarding a sentence of death, a Court martial shall, in its discretion, direct that the offender
shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to
death.
134A. Form of sentence of amputation of hand, foot or both or whipping. ___(1) In awarding a
sentence of amputation of hand, foot or both a Court martial shall direct that the sentence shall be
executed in the manner provided for in the Offences Against Property (Enforcement of Hudood))
Ordinance, 1979 (V of 1979).
(2) In awarding a sentence of whipping, a Court martial shall direct that the sentence shall be
executed in the manner provided for in the Execution of the Punishment of Whipping Ordinance,
1979 (IX of 1979).]
135. Commencement of sentence of imprisonment for life or imprisonment or detention.
Whenever any person is sentenced under this Act to 1[Imprisonment for life] imprisonment or
detention, the term of sentence shall, whether it has been revised or not, be reckoned to commence
on the day on which the original proceedings were signed by the president or, in the case of summary
Court martial, by the Court.
136. Execution of sentence of imprisonment for life or imprisonment. Whenever any sentence
of 1[imprisonment for life] or 2* imprisonment is passed under this Act, or whenever any sentence of
death so passed is commuted to 1[imprisonment for life] or to 2* imprisonment, the commanding
officer of the person under sentence, or such other officers as may be prescribed, shall forward a
warrant in the prescribed form to the officer in‑charge of the civil prison in which such person is to be
confined, and shall forward him to such prison with the warrant :
Provided that in the case of a sentence of 2* imprisonment for a period not exceeding three
months, the confirming officer, or in the case of a sentence which does not require confirmation, the
Court, may direct that the sentence shall be carried out in military custody:
1 Subs. by the Pakistan Army (Amdt.) Act 1976, (51 of 1976), s. 24.
2 Omitted by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984), ss. 2122.
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Provided further that, on active service, a sentence of 1 * im prisonment may be carried out by
confinement in such place as the officer commanding the forces in the field may, from time to time,
appoint.
137. Execution of sentence of imprisonment in special cases. When ever in the opinion of an

officer not below the rank of brigadier em powered in this behalf by the 2[Chief of the Army Staff]
any sentence or portion of a sentence of imprisonment cannot, for special reasons, be conveniently
carried out in accordance with provisions of section 136 such officer may direct that such sentence or
portion of sentence shall be carried out by confinement in any civil prison or other fit place.
138. Execution of sentence of detention. Where a sentence of deten tion is passed under this
Act, the person on whom that sentence has been passed shall undergo the term of his detention either
in a detention barrack or in military custody, or partly in one and partly in the other, but not in a
prison.
139. [Interim custody of offenders sentenced to transportation] Omitted by the Pakistan Army
(Amendment) Act, 1976 (51 of 1976), s. 26.
140. Conveyance of prisoner from place to place. A person under sentence of 1[stoning to
death, death, amputation of hand, foot or both, imprisonment for life, imprisonment, whipping] or
detention may during his conveyance from place to place, or when on board a ship or aircraft, be
subjected to such restraint as is necessary for his safe conduct and removal.
141. Communication of certain orders to civil prison officers. Whenever an order is duly made
under this Act setting aside or varying any sen tence, order or warrant under which any person is
confined in a civil prison, a warrant in accordance with such order shall be forwarded by the
prescribed officer to the officer‑in‑charge of the prison, in which such person is confined.
Page 83 of 105
142. Execution of sentence of fine. When a sentence of fine is imposed by a Court martial under
this Act, whether the trial was held within Pakistan or not, a copy of such sentence, signed and
certified by the president of the Court or the officer holding the trial, as the case may be, may be sent
to any magistrate in Pakistan and such magistrate shall thereupon cause the fine to be recovered in
accordance with the pro vision of the Code of Criminal Procedure, 1898 (V of 1898), for the levy of
fines as if it were a sentence of fine imposed by such magistrate.
CHAPTER XII.___PARDONS REMISSIONS AND SUSPENSION
143. Pardons and remissions.___(1) When any person subject to this Act has been convicted by
a Court martial of any offence, the 1[Federal Government] or the 2[Chief of the Army Staff] or any
officer not below the rank of brigadier empowered in this behalf by the 2[ Chief of the Army Staff]
may___
(i) either without conditions or upon any conditions which the person sentenced accepts,
pardon the person or remit the whole or any part of the punishment awarded; or
(ii) mitigate the punishment awarded or commute such punishment for any less punishment or
punishments mentioned in this Act ;
Provided that a sentence of 3* * * rigorous imprisonment shall not be commuted for a
sentence of detention for a term exceeding the term of rigorous imprisonment awarded by the court
[:]4
4[Provided further that a person to whom a sentence has been awarded as hadd under in Islamic
law shall not be pardoned, and no such sentence
2 Subs. by F.A.O., 1975, Art. 2 and Sch.
3 Certain words omitted by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 28.
Page 84 of 105
Shall be mitigated remitted or commuted to any less punishment or punishments, otherwise than in
accordance with such law.].
(2) If any condition on which a person has been pardoned or a punishment has been remitted is,
in the opinion of the authority which granted the pardon or remitted the punishment, not fulfilled,
such authority may cancel the pardon or remission, and thereupon the sentence of the Court shall be
carried into effect as if such pardon had not been granted or such punishment had not been remitted:
Provided that, in the case of a person sentenced to 1[Imprisonment for life] 2* imprisonment, or

detention, such person shall undergo only the unexpired portion of his sentence.
(3) When under the provisions of subsection (5) of section 62 a non‑commissioned officer is
deemed to be reduced to the ranks, such reduction shall, for the purposes of this section, be treated as
a punish ment awarded by sentence of a Court martial.
144. Suspension of sentence of transportation, 3[imprisonment, whipping or

detention].____(1) Where a person subject to this Act has been sentenced by a Court martial to
1[imprisonment for life] 3[imprisonment, whipping] or detention, the 4[Federal Government], or the
5[Chief of the Army Staff], or any officer empowered to convene a general or field general Court
martial may sus pend the sentence whether or not the offender has already been com mitted to prison
or custody [ : ]6
7[Provided that a sentence awarded as hadd under any Islamic law shall not be suspended except
while the offender is on active service nor otherwise than in accordance with such law.].
6 Subs. by Ordinance, 36 of 1984, s. 25.
7 Added ibid.
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(2) The authority or officer specified in subsection (1) may in the case of an offender so
sentenced direct that, until the orders of such authority or officer have been obtained, the offender
shall not be com mitted to prison or custody.
(3) The powers conferred by subsections (1) and (2) may be exercised in this case of any such
sentence which has been confirmed, mitigated or commuted.
145. Orders pending suspension.___(1) Where the sentence referred to in section 144 is
imposed by a Court martial other than a summary Court martial the confirming officer may, when
confirming the sentence, direct that the offender be not committed to prison or to custody until the
orders of the authority or officer specified in section 144 have been obtained.
(2) Where a sentence of rigorous imprisonment or detention is awarded by a summary Court
martial, the officer holding the trial or the officer authorised to approve the sentence under the
proviso to sec tion 127 may make the direction referred to in subsection (1).
146. Release on suspension. Where in accordance with any order passed under section 144 a
sentence is suspended, the offender shall, whether he has been committed to prison or custody or not,
be released forthwith.
147. Computation of period of sentence under suspension. Any period during which a sentence
is under suspension shall be reckoned as part of the term of such sentence.
148. Power to set aside suspension or to order remission. The authority or officer specified in
section 144 may, at any time whilst a sentence is suspended, order___
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
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149. Periodical review of suspended sentence.___(1) Where a sentence has been suspended, the
case may at any time and shall, at intervals of not more than four months be reconsidered by the
authority or officer specified in section 144 or by an officer not below the rank of field officer duly
authorised in this behalf by the authority or officer specified in section 144.
(2) Whereon such reconsideration by the officer authorised in this behalf under subsection (1), it
appears to him that the conduct of the offender since his conviction has been such as to justify a
remission of the sentence, he shall refer the case to the authority or officer specified in section 144.
150. Procedure on further sentence of offender whose sentence is suspended. Where an
offender, while a sentence on him is suspended, is sentenced for any other offence, then___
(a) if the further sentence is also suspended under this Act, the two sentences shall run
concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under
this Act, the offender shall also be committed to prison or military custody on the
unexpired portion of the previous sentence, but both sentences shall run concurrently;
and
(c) if the further sentence is for a period of less that three months and is not suspended under
this Act, the offender shall be committed on that sentence only, and the previous sentence
shall, subject to any order which may be passed under section 148 or 149 continue to be
suspended.
151. Scope of power of suspension. The powers conferred by section 144 or section 148 shall be
in addition to and not in derogation of the powers of mitigation, remission or commutation of
sentences.
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152. Effect of suspension on dismissal.___(1) Where in addition to any other sentence, the
punishment of dismissal has been awarded by a Court martial, and . such other sentence is suspended
under section 144, then, such dismissal shall not take effect until so ordered by the authority or
officer specified in section 144.
(2) If such other sentence is remitted under section 148 the punish ment of dismissal shall also be
remitted.
CHAPTER XIII.___PROPERTY OF DECEASED PERSONS, DESERTERS AND LUNATICS.
153. Property of deceased persons and deserters other than officers. The following provisions
are enacted respecting the disposal of the property of every person subject to this Act, other than an
officer, who dies or deserts:___
(1) The commanding officer of the corps, unit or detachment to which the deceased person or
deserters belonged 1[or the officer commanding a station where the deceased person or deserter left
his belongings before moving to field or operational area or before deserting] shall secure all the
moveable property belonging to the deceased or deserter that is in camp or quarters, and cause an
inventory thereof to be made, and draw any pay and allowances due to such person.
(2) In the case of a deceased person who has left in a bank (includ ing any post office savings
bank, however named) a deposit not exceeding one thousand rupees, the commanding officer 2[or the
officer commanding the station] may, if he thinks fit, require the agent, manager or other
1 Ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (40 of 1965), s.9.
2 Ins. by the Pakistan Army (Second Amdt.) Ordinance, 1965 (58 of 1965), s. 2.
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proper officer of the bank to pay the deposit to him forthwith, and such agent, manager or other
officer shall comply with the requisition notwithstanding anything in the rules of the bank; and after
the payment thereof in accordance with such requisi tion, no person shall have any right in respect of
the deposit except as hereinafter provided.
(3) In the case of a deceased person whose representative, widow or next of kin is on the spot and
has given security for the payment of regimental or other debts in camp or quarters, if any, of the
deceased, the commanding officer 1[or the officer commanding the station] shall deliver over any
property received under clauses (1) and (2) to that representative, widow or next of kin as the case
may be, and shall not further interfere in relation to the property of the deceased.
(4) In the case of deceased person whose estate is not dealt with under clause (3), and in the case
of any deserter, the commanding officer 1[or the officer commanding the station] shall cause such of
the movable property as does not consist of money to be sold by public auction, and shall pay the
regimental and other debts in camp or quarters, if any, and in the case of a deceased person, the
expenses of his funeral ceremonies, from the proceeds of the sale and from any pay and allowances
drawn under clause (1) and from the amount of the deposit, if any, received under clause (2).
(5) The surplus, if any, shall, in the case of a deceased person, be paid to his representative,
widow or next of kin, if any, or in the event of no claim
1 Ins. by the Pakistan Army (Second Amdt.) Ordinance, 1965 (58 of 1965), s. 2.
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to such surplus being established, within twelve months after the death then the same shall be
remitted to the prescribed person:
Provided that such remission shall not bar the claim of any person to such surplus or any part
thereof.
(6) In the case of a deserter, the surplus, if any, shall be forthwith remitted to the prescribed
person and shall, on the expiry of three years from the date of his desertion, be forfeited to the State
unless the deser ter shall in the meantime have surrendered or been apprehended.
(7) The decision of the commanding officer 1[or the officer commanding the station] as to what
are the regimental and other debts in camp or quarters of a deceased person or a deserter or as to the
amount payable therefor shall be final.
154. Disposal of certain property without production of probate, etc. Property deliverable
and money payable to the representative, widow or next of kin of a deceased person under section
153 may, if the total value or amount thereof does not exceed one thousand rupees, and if the
prescribed person thinks fit, be delivered or paid to any one of them who appears to be entitled to
receive it or to administer the estate of deceased, without requiring the production of any probate,
letters of administration, succession certificate or other such conclusive evidence of title 2[:]
2[Provided that when the deceased person was attched to or formed part of, a force which was
not on active service, the commanding officer shall obtain from the representative, widow or next of
kin of the deceased to whom the amount as aforesaid is
1 Ins. by the Pakistan Army (Second Amdt.) Ordinance, 1965 (58 of 1965), ss. 2 and 3.
2 Subs. and added by the Pakistan Army (Amdt.) Act, 1992, (28 of 1992), s. 5.
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paid an undertaking to the effect that the amount left after payment of debts, if any, shall be
distributed amongst the legal heirs of the deceased.]
155. Discharge of commanding officer prescribed person and the Government. Any payment
of money or delivery, application, sale or other disposition of any property made, or in good faith
purported to be made, by the commanding officer 1[or the officer commanding the station] or the
prescribed person in pursuance of section 153 or 154 shall be valid and shall be a full discharge to
those ordering or making the same and to the Government from all further liability in respect of the
property or money, but nothing herein contain ed shall effect the rights of any executor or
administrator or other repre sentative, or of any creditor of a deceased person against any person to
whom such delivery or payment has been made.
156. Application of sections 153 to 155 to lunatics, etc. The provi sions of sections 153 to 155
shall, so far as they can be made applicable, apply in the case of a person subject to the Act, other
than an officer who, notwithstanding anything contained in the Lunacy Act, 1912(IV of 1912), is
ascertained in the prescribed manner to be insane, or who, being on active service, is officially
reported missing, as if he had died on a day on which his insanity is so ascertained or, as the case may
be, on the day on which he is officially reported missing :
Provided that in the case of a person so reported missing no action shall be taken under clauses
(2) to (5) of section 153 until he is officially presumed to be dead.
157. Property of Officers. The provisions of sections 158 to 163, inclusive, shall apply to the
disposal of the property of officers subject to this Act who die or desert.
158. Powers of Committee of Adjustment.___(1) On the death or desertion of an officer,
a Committee of Adjustment appointed in this behalf in the manner prescribed (hereinafter referred to
as the commit tee) shall, as soon as may be, subject to the rules made in this behalf under this Act,___
1 Ins. by the Pakistan Army (Second Amdt.) Ordinance, 1965 (58 of 1965), ss. 2 and 3.
Page 91 of 105
(a) secure all movable property belonging to the deceased or deserter that is in camp or
quarters and cause an inventory thereof to be made and ascertain the pay and allowances,
if any, due to him; and
(b) ascertain the amount, and provide for the payment, of the regimental and other debts in
camp or quarters, if any, of the deceased or deserter.
(2) In the case of a deceased officer whose representative, widow or next of kin has given
security to the satisfaction of the committee for the payment of the regimental and other debts in
camp or quarters if any, of the deceased, the committee shall deliver any property received by it
under subsection (1) to that representative, widow or next of kin and shall not further interfere in
relation to the property of the deceased.
(3) In the case of a deceased officer, the committee, save as may be prescribed, shall, if it appears
necessary for the payment of the regimen tal and other debts in camp or quarters, and the expenses, if
any, incurred by the committee, collect all moneys left by the deceased in any bank (including any
post office savings bank, however named) and for that purpose may require the agent, manager or
other proper officer of the bank to pay the moneys to the committee forthwith, and such agent,
manager or other officer shall comply with the requisition notwithstanding anything in any rules of
the bank; and when any money has been paid in compliance with the requisition under this
subsection, no person shall have a claim against the bank in respect of such money.
(4) In the case of a deceased officer, whose estate has not been dealt with under subsection (2)
and in the case of a deserter the committee, save as may be prescribed, shall, for the purpose of
paying the regimental and other debts in camp or quarters, and may in any other case, sell or convert
into money such of the movable property of the deceased or deserter as does not consist of money.
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(5) The committee shall, out of the money referred to in sub sections (3) and (4), pay the
regimental and other debts in camp or quarters, if any, of the deceased or deserter and, in the case of
a deceased, also the expenses of his last illness and funeral.
(6) In the case of a deceased officer the surplus, if any, shall be remitted to the prescribed person.
(7) In the case of an officer who is a deserter, the surplus, if any, shall be forthwith remitted to the
prescribed person and shall, on the expiry of three years from the date of his desertion, be forfeited to
the State, unless the deserter shall in the meantime have surrendered or been apprehended.
(8) If, in any case, a doubt or difference arises as to what are the regimental and other debts in
camp or quarters of a deceased officer or a deserter or as to the amount payable therefor, the decision
of the prescribed person shall be final.
(9) For the purposes of the exercise of its duties under this section, the committee shall, to the
exclusion of all authorities and persons whomsoever, have the same rights and powers as if it had
taken out representation to the deceased, and any receipt given by the committee shall have effect
accordingly.
159. Disposal of surplus by the prescribed person. On receipt of the surplus referred to in
subsection (6) of section 158 the prescribed person shall proceed as follows:___
(1) If he knows of a representative, widow or next of kin of the deceased he shall pay the surplus
to that representative, widow or next of kin ;
(2) If he does not know of any such representative, widow or next of kin he shall publish every
year a notice in the prescribed form and manner for six consecutive years. If no claim to the surplus is
made by a representative, widow or next of kin of the deceased within six months after the
publication of the last of such notices, the prescribed person shall deposit surplus together with any
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income or accumulation of income accrued therefrom to the credit of the 1[Federal Government]:
Provided that such deposit shall not bar the claim of any person to such surplus or any part
thereof.
160. Disposal of certain property without production of probate, etc. Property deliverable
and money payable to the representative, widow or next of kin of a deceased officer under section
158 or section 159 may, if the total value thereof does not exceed two thousand rupees, and if the
prescribed person thinks fit, be delivered or paid to any one of them who appears to him to be entitled
to receive it or to administer the estate of the deceased, without requiring the production of any
probate, letters of administration, succession certificate or other such conclusive evidence of title [:]2
2[Provided that when the deceased officer was attached to or formed part of, a force which was
not on active service the commanding officer shall obtain from the representative widow or next of
kin of the deceased to whom the amount as aforesaid is paid an undertaking to the effect that the
amount left after payment of debts, if any, shall be distributed among the legal heirs of the deceased.]
161. Discharge of committee, prescribed person and the Government. Any payment of money
or delivery, application, sale or other disposi tion of any property made, or in good faith purported to
be made, by the committee or the prescribed person in pursuance of section 158, section 159 or
section 160 shall be valid shall be a full discharge to those ordering or making the same and to the
Government from all further liability in respect of the property of money; but nothing in this section
shall affect the rights of any executor or administrator or other representative, or of any creditor of
the deceased officer against any person to whom such delivery or payment has been made.
2 Subs. and added by the Pakistan Army (Amdt.) Act, 1992 (28 of 1992), s. 6.
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162. Property in the hands of the committee or the prescribed person not to be assets at the
place where the committee or the prescribed person is stationed. Any property coming under
section 158 into the hands of the committee or the prescribed person shall not, by reason of so
coming be, deemed to be assets or effects at the place in which that committee or prescribed person is
stationed and it shall not be necessary by reason thereof that representation be taken out in respect of
that property for that place.
163. Saving of rights of representative. After the committee has deposited with the prescribed
person the surplus of the property of any deceased officer under subsection (6) of section 158 any
representative of the deceased shall, as regards any property not collected by the committee and not
forming part of the aforesaid surplus, have the same rights and duties as if section 158 had not been
enacted.
164. Applications of sections 158 to 163 to lunatics, etc. The pro visions of sections 158 to 163
shall so far as they can be made applicable apply in the case of an officer who, notwithstanding
anything contained in the Lunacy Act, 1912 (IV of 1912), is ascertained in the prescribed manner, to
be insane or who, being on active service, is officially reported missing, as if he had died on the day
on which his insanity is so ascertained or, as the case may be, on the day on which he is officially
reported missing:
Provided that, in the case of an officer so reported missing, no action shall be taken under
subsections (2) to (5) of section 158 until such time as he is officially presumed to be dead.
165. Appointment of standing committee of adjustment when officers die or desert while on
active service. When an officer dies or deserts while on active service, the references in the
foregoing section of this Chapter to the committee shall be construed as references to the Stand ing
Committee of Adjustment, if any, appointed in this behalf in the manner prescribed.
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166. Interpretations. For the purposes of this Chapter :___
(1) a person shall be deemed to be a deserter if he without authority has been absent from duty
for a period of 1[Thirty days] and has not subsequently surrendered or been apprehended;
(2) the expression “regimental and other debts in camp or quarters” includes money due as
military debts, namely, sums due in respect of, or of any advance in respect of___
(a) quarters;
(b) mess, band and other regimental accounts;
(c) military clothing, appointments and equipment, not exceeding a sum equal to six months'
pay of the deceased and having become due within eighteen months before his death.
(3) “representation” includes probate and letter of administration with or without the will
annexed, and a succession certificate, constitut ing a person the executor or administrator of the estate
of a deceased person or authorising him to receive or realize the assets of a deceased person;
(4) “representative” means any person who has taken out repre sentation.
_____
CHAPTER XIV.___MISCELLANEOUS PRIVILEGES
167. Complaint against Officers.___(1) Any person subject to this Act, other than an officer,
who deems himself wronged by any superior or other officer, may, if not attached to a
1 Subs. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 30, for “sixty days”.
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unit, troop or company, com plain to the officer under whose command or orders he is serving; and
may if attached to a unit, troop or company, complain to the officer commanding the same.
(2) When the officer complained against is the officer to whom any complaint should under
subsection (1), be preferred the aggrieved person may complain to such officer’s next superior
officer.
(3) Every officer receiving such complaint shall examine into it for giving full redress to the
complainant or, when necessary refer it to superior authority.
(4) Every such complaint shall be preferred in such manner and through such channels as may
from time to time be specified by proper authority.
(5) The 1[Federal Government] may revise any decision by the 2[Chief of the Army Staff] under

subsection (2), but otherwise the decision of the 2[Chief of the Army Staff] shall be final.
168. Complaint by Officers. Any officer who deems himself wronged by his commanding officer
or any superior officer and who, on due application made to his commanding officer, does not receive
the redress to which he considers himself entitled, may complain to the 1[Federal Government] in
such manner and through such channels as may from time to time be specified by proper authority.
169. Privileges of person attending Courts martial.___(1) No presi dent of member of a court
martial, no Judge advocate, no party to any proceedings before a court martial, or his legal
practitioner or agent, and no witness acting in obedience to a summons or order to attend a court
martial shall, while proceeding to, attending, or returning from, a Court martial, be liable to arrest
under civil or revenue process.
2 Subs. by F.A.O., 1975, Art. 2 and Table for “CommanderinChief”.
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(2) If any such person is arrested under any such process, he shall be discharged by order of the
Court martial.
170. Exemption from arrest for debt.___(1) No person subject to this Act shall, so long as he
belongs to the Pakistan Army, be liable to be arrested for debt under any process issued by, or by the
authority of, any civil or revenue Court or Revenue Officer.
(2) The judge of any such Court or the said officer shall examine into any complaint made by any
such person or his superior officer of the arrest of such person contrary to the provisions of this
section, and shall, by warrant under his hand, discharge the person, and award reasonable costs to the
complainant, who may recover those costs in like manner as he might have recovered costs awarded
to him by a decree against the person obtaining the process.
(3) For the recovery of such costs no Court fee shall be payable by the complainant.
171. Property exempted from attachment. Neither the arms, clothes, equipment, accoutrement
or necessaries of any person subject to this Act, nor any animal used by him for the discharge or his
duty, shall be seized, nor shall the pay and allowances of any such person or any part thereof be
attached, by direction of any civil or revenue court or any revenue officer, in satisfaction of any
decree or order enforceable against him.
172. Application of the last two foregoing sections to reservists. Every person belonging to any
of the categories of the Reserves of the Pakistan Army constituted under the Pakistan (Army and Air
Forces) Reserve Act, 1950 (XLVII of 1950), shall, when called out or engaged upon returning from,
training or service, be entitled to all the privileges accorded by sections 170 and 171 to a person
173. Priority of hearing by Courts of cases in which persons subject to this Act are
concerned.___(1) On the presentation to any Court by or on behalf of any person subject to this Act
of a certificate from the proper authority, that leave of
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absence has been granted to him or has been applied for by him for the purpose of prosecuting or
defending any suit or other proceeding in such Court, the Court shall, on the applica tion of such
person, arrange as far as may be possible, for the hearing and final disposal of such suit or other
proceeding within the period of leave so granted or applied for.
(2) The certificate from the proper authority shall state the first and the last day of leave or
intended leave, and shall set forth a descrip tion of the case with respect to which the leave was
granted or applied for.
(3) No fee shall be payable to the Court in respect of the presenta tion of any such certificate, or
in respect of any application by or on behalf of any such person for priority for the hearing of his
case.
(4) Where the Court is unable to arrange for the hearing and final disposal of the suit or other
proceeding within the period of such leave or intended leave as aforesaid, it shall record its reasons
for such inability and shall cause a copy thereof to be furnished to such person on his application
without any payment whatever by him in respect of the application for such copy or of the copy itself
or otherwise.
(5) If in any case a question arises as to the proper authority qualified to grant such certificate as
aforesaid such question shall be at once referred by the Court to the officer commanding the corps or
unit concerned, whose decision shall be final.
174. Order for custody and disposal of property pending trial in certain cases. When any
property regarding which any offence appears to have been committed, or which appears to have
been used for the commission of any offence, is produced before a Court martial during a trial, the
Court may make such order as it thinks fit for the proper custody of such property pending the
conclusion of the trial and, if the property is subject to speedy or natural decay, may, after recording
such evidence as it thinks necessary, order it to be sold or otherwise dis posed of.
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175. Order for disposal of property regarding which offence committed.__(1) After the
conclusion of a trial before a Court martial, the Court or the officer confirming the finding or
sentence of such Court martial, or any authority superior to such officer, or, in the case of the trial by
summary Court martial, 1[an officer having power to convene a district court martial], may make
such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person
claiming to be entitled to possession thereof or otherwise of any property or document produced
before the Court or in its custody, or regarding which any offence appears to have been committed or
which has been used for the commission of any offence.
(2) Where any order has been made under subsection (1) in respect of property regarding which
an offence appears to have been committed, a copy of such order signed and certified by the
authority making the same may, whether the trial was held within Pakistan or not, be sent to a
magistrate in any district in which such property for the time being is, and such magistrate shall
thereupon cause the order to be carried into effect as if it was an order passed by such magistrate
under the provisions of the Code of Criminal Procedure, 1898 (V of 1898).
Explanation.____In this section the term “property” includes in the case of property regarding
which an offence appears to have been committed, not only such property as has been originally in
the possession on under the control of any person, but also any property into or for which the same
may have been converted or exchanged, and anything acquired by such conversion or exchange
whether immediately or otherwise.
_____
1 Subs. by the Pakistan Army (Amdt.) Act 1963 (9 of 1963), s. 5, for “an officer not below the rank of brigadier empowered in this behalf by the CommanderinChief”.
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(CHAPTER XV.___RULES)
176. Power to make rules.___(1) The 1[Federal Government] may make rules 2for the purpose of
carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the power conferred by subsection (1), such rules may
provide for___
(a) the retirement, release, discharge, removal or dismissal from the service of persons subject
to this Act;
(b) the specification of punishments which may be awarded as field punishments under
sections 23 and 61;
(c) the assembly and procedure of Courts of inquiry 3[the recording of summaries of evidence
and the abstracts of evidence] and the administration of oaths and affirmations by such
Courts;
(d) the convening and constitution of Courts martial 4[and the court of Appeals];
(e) the adjournment, dissolution and sittings of Courts martial 4[and the Court of Appeals];
(f) the procedure to be observed in trials by Courts martial 5[and the Court of Appeals], and
the qualification of legal practitioners who appear thereat;
(g) the confirmation, revision and annulment of, and petitions against, the findings and
sentences of Courts martial;
1 Subs. by the Pakistan Army, (Amdt.) Act, 1973 (51 of 1973) s. 3, for “Central Government”.
2 For the Pakistan Army Act Rules, 1954, see Gaz. of Pak., 1955, Ext., pp. 251388.
4 Added by the Pakistan Army (Amdt.) Ordinance, 1984 (36 of 1984) s, 26.
5 Ins. ibid.
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(h) the carrying into effect of sentences of Court martial 1[and the Court of Appeals];
(i) the forms and orders to be made under the provisions of this Act relating to Courts martial
2[and the court of Appeals] and sentences of 3[stoning to death, death, amputation of
hand, foot or both, imprisonment for life, imprisonment, detention or whipping] ;
(j) the constitution of authorities to decide for what persons, to what amounts and in what
manner provision should be made for depen dants under section 71 and the due carrying
out of such decisions;
(k) the relative rank of, and powers of command to be exercised by, officers, junior
commissioned officers, warrant officers, petty officers and non‑commissioned officers of
the Pakistan Army, Navy and Air Force, when acting together;
(l) deductions on account of public and regimental debts from the pay and allowances of
persons subject to this Act; and
(m) any matter in this Act directed to be prescribed.
(3) All rules made under this Act shall be published in the Official Gazette and, on such
publication shall have effect as if enacted in this Act.
4[176A. Power to make regulations. The 5[Federal Government] may make regulations for the
governance, command, discipline, recruitment, terms and conditions of service, rank, precedence, and
administration of the Pakistan
1 Added by the Pakistan Army (Amdt) Ordinance, 1984 (36 of 1984), s. 26.
2 Ins. ibid.
3 Subs. ibid.
4 New section 176A ins. by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of 1965), s. 6.
5 Subs. by the Pakistan Army (Amdt.) Act 1973 (51 of 1973), s. 3., for “Central Government”.
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Army and generally for all or any of the purposes of this Act, other than those in respect of which
rules have been made under section 176.]
1[176B. Reference to CommanderinChief in other laws.___Reference in any law, and in any
rule, regulation, byelaw, notification, order, warrant, bond, document or other instrument made or
issued under any law, to the “CommanderinChief” in relation to the Pakistan Army shall be
construed as reference to the Chief of the Army Staff.
176C. Delegation of powers of the Chief of the Army Staff. ___2[(1) If at any time the Federal
Government considers it necessary to do so for any reason, the Federal Government may, by order in
writing, authorise the officer appointed as 3[Vice Chief of the Army Staff or, Deputy Chief of the
Army Staff] to exercise and perform such of the powers and functions vested in the Chief of the
Army Staff under any law, rules, regulations, order or instruction for the time being in force as may be
so specified ; and any such order may be made so as to have retrospective effect from any day not
preceding the twentyfourth day of June, 1978].
(2) 3[The Vice Chief of the Army Staff or, as the case may be, the] Deputy Chief of the Army
Staff shall exercise the powers and perform the functions conferred upon him under subsection (1) in
accordance with such general or special direction as may be given in that behalf by the Federal
Government.
3 Subs. by the Pakistan Army (Amdt.) Ordinance 1980 (37 of 1980), s. 2, (w.e.f. 151980).
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176D. Validation. Any power or function of the CommanderinChief, Pakistan Army, which has
been exercised or performed by the Chief of Staff of the Pakistan Army or the Chief of the Army
Staff or by an acting Chief of Staff of the Pakistan Army or by an acting Chief of the Army Staff or
by an officer under the command or the authority of any of them at any time on or after the third day
of March, 1972, and before the commencement of the Pakistan Army (Amendment) Act, 1976, shall
be deemed to have been validly exercised or performed as if the Chief of Staff of the Pakistan Army,
or the Chief of the Army Staff or the acting Chief of Staff of the Pakistan Army or the acting Chief of
the Army Staff or such other officer as aforesaid, as the case may be, were duly authorised to
exercise such power or perform such function.].
177. [Repeals.] Omitted by the Federal Law (Revision and Declaration) Ordinance, 1981 (27
of 1981), s. 3 and 2nd Sch.
____
Chapter XVI. [Transitory Provisions] Omitted by the Pakistan Army (Amdt.) Act, 1976 (51
of 1976), s. 33.
____
[The Schedule]. ___ Omitted by the Federal Laws (Revision and Declaration) Ordinance,
1981 (27 of 1981) s. 3 and Sch. II.
______
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Pakistan Army Act

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Pakistan Army Act

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THE PAKISTAN ARMY ACT, 1952

raised and maintained in Pakistan under the authority of the 1[Federal Government 2[or a Provincial

if he commits the offence on active service be punished with rigorous imprisonment for a term

(g) all pay and allowances forfeited by order of the 1[Federal Govern ment] if the officer is

132. Annulment of proceedings. The 1[Federal Government] or the 2[Chief of the Army Staff]

137. Execution of sentence of imprisonment in special cases. When ever in the opinion of an

Provided that, in the case of a person sentenced to 1[Imprisonment for life] 2* imprisonment, or

144. Suspension of sentence of transportation, 3[imprisonment, whipping or

(5) The 1[Federal Government] may revise any decision by the 2[Chief of the Army Staff] under

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